Prisão preventiva para quem? : defesa social, periculosidade e a face seletiva do sistema penal brasileiro

Abstract

In general terms, this undergraduate thesis aims to examine the existence of differentiated applications of preventive detention among individuals apprehended by the Criminal Justice System. Based on this objective, the present research also seeks to understand relevant aspects of the current landscape of the procedural institute of preventive detention, analyzing the importance and contribution of factors linked to slavery (and some of its social consequences), as well as 19th-century criminology, to the current, socially legitimized characterization of this precautionary measure within the Brazilian criminal context. In connection with this, since race has been established as a distinguishing element in both historical moments mentioned, the study also aims to investigate how the racial factor relates to contemporary dynamics in the application of this provisional imprisonment measure, particularly within the context of the socalled custody hearings. To this end, an initial in-depth examination was conducted on the constitutional principles of freedom of movement and the presumption of innocence, establishing connections between the precautionary imposition of incarceration and its consequent violation of constitutionally enshrined principles. Subsequently, discussions were presented—based on precise literature reviews on the subject—regarding the concepts of penal selectivity and mass incarceration policies, alongside understandings of the emergence of the ideology of social defense and the perpetuation of the notion of individuals’ dangerousness as expressions of 19th-century criminological thought and the period of slavery. With that, the arguments were concluded through the analysis of two reports issued by the Public Defender’s Office of the State of Rio de Janeiro concerning the conduct of custody hearings following arrests in flagrante delicto, aiming, in this way, to establish connections between race and preventive detention as a tool of selective social control. Finally, the study seeks to achieve the outlined objectives through the use of deductive reasoning, a descriptive-explanatory methodology, and documentary research, establishing that, as a result of this entire rationale, the issue of race becomes fixed as a key element of differentiated treatment among individuals, ultimately revealing an unequal application of preventive detention orders issued in custody hearings, as demonstrated by reports from the Rio de Janeiro Public Defender’s Office.