A remição da pena através da prática da capoeira no sistema carcerário brasileiro

Abstract

The present work aims to analyze the right to sentence remission through the practice of capoeira in the Brazilian prison system. Two judgments, related to the same case, constitute the starting point for the analysis of the topic: in the Superior Court of Justice (STJ), HC 131170/RJ and in the Federal Supreme Court (STF), RHC 11.3769, in which, the These courts did not recognize the remission of the sentence due to attendance at capoeira classes. Based on phenomenological and propositional legal methodologies, and adopting the centrality of the race category, it suggests that the aforementioned jurisprudence by the STJ and STF have as their background the institutionalization of practices and discourses that insist on inferiorizing the intellectual and cultural productions of black people. Furthermore, by bringing to the fore the narratives and foundations of those who actually know, study and experience capoeira, promoting, from there, interdisciplinary analyzes that relate the areas of Criminal Law, Criminal Procedure, Constitutional Law, Law and Racial Relations, Labor Law, History, Sociology, Pedagogy and Music, this work seeks to establish a counterpoint to the majority understanding, by substantiating the need to recognize capoeira as a hypothesis for remission of the sentence of prisoners involved in their cultural, educational and labor processes.