O racismo estrutural no sistema penal brasileiro: uma análise do perfil dos custodiados atendidos pela Defensoria Pública do Rio Grande do Norte nas audiências de custódias das 1ª e 2ª Central de Flagrantes de Natal/RN

Abstract

This study aimed to verify the presence of structural racism in the Brazilian penal system, investigating the profile of the custodians that went through custody hearings in the Centrais de Flagrantes de Natal/RN and were assisted by the Defensoria Pública do Estado. Focusing on the Brazilian reality, considerations were drawn about the historic process that led to the formation of the penal system, making a parallel with the slave system that was present from the colonization to the creation and settlement of the criminal legal system. Therefore, it explained the implementation of the custody hearing in the legal scenario, demonstrating the paths that led to its importance and obligatoriness. Thus, it brought to light the reality of Rio Grande do Norte state and how said hearings occur in the 1º and 2º Centrais de Flagrantes de Natal/RN. Thereby, the study tried to identify a pattern among the analyzed custodians, from data on gender, race, reasons upon arrests and legal decisions presented on the Processo Judicial Eletrônico (PJe) system. Research results indicated that the work of the analyzed social control agencies was selective, with a distinctive focus on the race, since black and brown people represented 56,2% of the total of people with restricted liberty that passed through custody hearings. Also, in the decree of preventive detention in cases of flagration crime, it was noticed that black and brown people were characterized as accused in 83,1% of the total of decisions. Furthermore, it was ascertained that the majority of flagration arrests happened because of property crimes, domestic violence and drug trafficking. Consequently, it was highlighted how the processes of primary and secondary criminalization reaffirm the informal process of stereotyping, showing the racism consolidated in the social, legal, economic and political relations; known as structural racism. Finally, the research is about the role that should be played by the Defensoria Pública and their members, to promote efficiency in the fundamental rights of those most vulnerable, that are often stigmatized by the racial filter that surrounds the selectivity present in the Brazilian legal system.