“Personalidades antagonistas da ordem social”: análise de conteúdo sobre a aplicação de penas aos condenados por furto que cumprem pena em Salvador/BA

Abstract

The present work intends to present the results obtained through the analysis of the content of judicial sentences of convicted prisoners for theft in semi-open regime in the Penal Colony Lafayete Coutinho, Salvador / Bahia. Anchored in an empirical perspective, using a Grounded Theory as a theorizing tool for the narratives developed by the magistrates. The general objective was to identify the characteristics, narratives and / or if there are patterns of manifestation in the theft criminalization decisions. Specific objectives were a) defined as similarities and or discrepancies between the speeches adopted in the sentences; b) reflect on the use of qualitative and empirical research methodology in law and its perspectives; c) carry out a critical analysis of the research findings in the light of critical criminology. Twelve sentences for theft were analyzed. The results found point to institutional racism and its reflexes in the criminalization of prisoners: the automation of sentences, the insufficiency of arguments and the lack of respect for legality in the grounds; as well as, some of the arguments exposed that denote the preference of some judges to convict, oblivious to a criminal law that focuses on the facts, demonstrating the existence of what appears to be instrumentalization and operationalization techniques of racism, corroborated by the need for maintenance and control of black bodies and misery management. Judicial sentences are, therefore, important threads for the operationalization of racism and can be handled in their narratives through techniques to subsidize the mortification of the lives of those chosen by the Brazilian Justice System as an object of social control to maintain the status quo.