Brazilian criminal selectivity, its moment of greatest incidence and the cycle of historical injustice: a brief analysis of the scenario

Abstract

The present work is established from a vision of Human Rights, observing that the Brazilian criminal justice works, many times, still under colonial premises. It is noted that the group of those incarcerated in our country is mostly formed by members of oppressed groups, since the colonial beginnings, such as indigenous people and blacks, but above all the poor. It is against them that the scales of justice weigh most heavily. From the point of view of Professor Boaventura de Souza Santos, it is evident that the observation of greater infliction of suffering on certain citizens, even those marginalized and excluded socially and economically at the time of colonization, is the product of the turmoil between roots and options, which ends up generating both cognitive injustice and historical injustice, the latter, will be the object of a deeper analysis in this article. In addition, another very valuable concept for the analysis of this social historical phenomenon and also based on Professor Boaventura de Souza Santos is the concept of elitist democracy, which will also be addressed in this work, making a parallel between these theoretical concepts and the current punitive practice in Brazil. Brazilian state. The article will use the deductive approach method and the bibliographic procedure method, based on the theories of authors of the so-called critical theory that will have some of their ideas and concepts, synthetically, used as tools for understanding the problem that is criminal selectivity on Brazilian soil.