Direito, punição e industrialização no capitalismo de via colonial

Abstract

The present study address the development of Brazilian criminal law with emphasis in the period of 1890-1940 analyzing the causalities of this development in relation to the objectivation of capitalism in the colonial way. The hypothesis under study is that the hyper late, atrophic and dependent form of capitalism promoted by the historical specificity of colonialism induces the punitive activity of the state (in other words, criminalization and imprisonment) during the period of the largest industrial development - notwithstanding other functions also exercised by criminal law - to the role of political administration of poverty, especially in light of the overpluss mass of labor force resulting from the dissolution of the enslaved sect. Thus, the direction of the political project of the industrial bourgeoisie from 1937 will promote changes in the previous punitive system, typical of the period of predominance of the agro-exporting power bourgeoisie, while using the possibilities generated by this one to enable national accumulation of capital based on superexploitation .