Por trás da raça, do gênero e das grades: a atuação das comissões temáticas da Ordem dos Advogados do Brasil Seccional Piauí durante o cumprimento de pena por mulheres negras

Abstract

This research has the central objective of analyzing the performance of the OAB/PI, through the Special Commission for the Promotion of Racial Equality and the Special Commission on Penitentiary Law, with regard to reports of possible cases of racism during the years 2019 to 2021, with black women serving sentences in a closed regime in the state of Piauí as victims. To this end, it is necessary to analyze the criminal justice system through critical criminology, decolonial studies and intersectionality as a counterpoint tool to the traditional approach to Criminal Law in order to understand structural inequalities, such as criminal selectivity and Black female incarceration. As a result, the structural violence in prison establishments is highlighted as a result of precarious conditions and the absence of effective public policies for resocialization. In the Piauí context, we see the reproduction of national inequalities where racism and gender-based violence show the vulnerability of Black women, demonstrating that prison not only punishes, but reinforces the social and economic exclusion of these women. Regarding the performance of the OAB's thematic commissions in defense of social justice, vulnerable groups, and the promotion of racial equality, it demonstrates how the entity can influence public policies and judicial decisions. However, it is necessary to overcome institutional traditionalism to meet current demands such as equity and social inclusion, expanding dialogue with social movements in order to strengthen their social function. The methodology is built to respond to the proposed problem: What are the criteria and mechanisms adopted by the Brazilian Bar Association–Piauí Section, through the Special Commission for the Promotion of Racial Equality and the Special Commission on Penitentiary Law, in investigating and forwarding complaints of racism against black women serving sentences in a closed regime in the state of Piauí, in the period from 2019 to 2021? Thus, the research is qualitative, bibliographic, and documentary, in addition to conducting interviews with members of the board of directors of the OAB/PI thematic commissions. This last step was carried out to fill the gap due to the institution's lack of access to documentation. The results show that the OAB/PI still needs to advance institutional initiatives to combat racial discrimination in the female prison system and defend the rights of incarcerated Black women. The absence of specific protocols to deal with complaints of racism, bureaucratization, and the lack of coordination between thematic committees and with external people make it difficult for the entity's actions to be effective.