Captura Críptica: law, politics, current affairs

The crossing: between the small and the large prison

2023-12-19T12:58:37+00:00

This text is a review of the book A pequena prisão by Igor Mendes. The author, who experienced life in the Rio de Janeiro prison system for seven difficult months, through simple writing, brought the polyphonic narrative woven by so many voices silenced by the machinery of this system. By placing literature in the trenches of the abolitionist struggle, it is possible to move in the opposite direction to the naturalization of prison and all its fundamental irrational apparatuses.

Presentation of the Dossier “Socio-criminal control, its militarization and repression of social, popular and rural movements”

2023-12-26T13:23:27+00:00

The “bribes” case: an Ecuadorian example of “lawfare”

2023-09-26T09:48:21+00:00

In the case under analysis, we observe characteristics that are common to almost all cases of "lawfare" that in one way or another result from a manipulation in the selection of judges, here "interim". As for the trial, the injury is highlighted at the beginning of congruence and the use against the sound criticism of the testimony of a "repentant", which the defense could not question. The arbitrary use of doctrinal concepts to avoid analyzing the evidence with respect to each of the participants is also very evident, and the argument with which it is intended to assign the main defendant the character of organizer is particularly singular.

Critical Criminology and(in) crisis: paths of a praxis in movement

2023-06-23T16:21:38+00:00

This essay proposes the analysis of the Critical Criminology course to academic maturity. For that end, it is first necessary to lay the modern groundwork for security and limitations in the use of sovereign power in exchange for its legitimacy. Those fundaments are still the basis used the justify the necessity to comply with a legal order, including the criminal justice system. With that in mind, we direct our look towards some Critical Criminology concepts, which prove that those modern promises are not only difficult to fulfill, they are actually an impossibility. The conclusions lead to an irreversible legitimacy crisis and any real solution demands a form of abolition of the criminal justice system. Despite the solidity of the concepts and their applications, the path of action to social transformation is highly tortuous and movements are met with complex obstacles, which came to produce a form a crisis inside Critical Criminology itself. We tried to arrange the problems in a systematic form, in order to understand that the questions faced by the movement have their merits and should not be ignored, as they are part of the refinement to a better critical praxis. It is possible to notice that these obstacles do not lead to Critical Criminology’s abandonment; quite the contrary, it shows the way to a renewed critical stance, with even greater potential to social transformation.

From cartism and ludism to abolicionism: the necessary ideological dispute

2023-07-25T12:58:41+00:00

The present work presents itself as an analytical reflection that draws a parallel between the workers’ revolts of the 19th century in the face of the process of industrialization of the mode of production – mechanization of work and overexploitation and the abatement of poverty – and the struggles against imprisonment at the end of the 20th century. And the beginning of the 21st century, from an approximation, both presented themselves – not necessarily as organized movements – but having in common the fight against oppression tools, whether the machines of industrial society or the prisons of post-industrial society. Methodologically, this work has as its theoretical framework the historical materialist approach, and the criminological critique of abolitionist bias. As a conclusive hypothesis, it is believed that a process of profound transformation of society inevitably involves the prison issue, as one of the main tools of segregation and production of suffering in contemporary society, especially highly unequal ones like the Brazilian reality.

Historical contributions to understanding the teaching of criminology in Brazil

2023-08-15T15:17:36+00:00

The article presents historical contributions to understanding the teaching of criminology in law schools in Brazil. It takes as its source the texts and documents produced by criminologists and penalists throughout the 20th century, and uses bibliographical and documentary research as its method. The aim is to understand some points about the teaching of criminology in law schools, such as the reason why this subject is mostly offered in law schools (and not in medicine or social sciences, for example), as well as the relationships of tension between criminology and legal teaching, especially with the teaching of criminal law. Thus, we demonstrate the way in which criminology came to occupy a space in the context of legal education, based on the relationships between legal and medical knowledge at the end of the 19th century and in the first half of the 20th century, the heyday of positivist criminology. Next, we investigate the decline of criminological knowledge in legal education, a fact that resulted from the preponderance of the technicist conception of the criminal sciences. Finally, we analyzed the resurgence of criminology in legal education, which occurred in the wake of the development of critical criminology. We conclude that while criminology entered law school at the beginning of the last century with the aim of assisting criminal law in the "fight against crime", thanks to the combined efforts of doctors and penalists, today its space, although limited, can be used to critically understand the assumptions of law in general and criminal law specifically.

Social control in the city: the criminalization of social movements as strategy of managing urban space

2023-11-29T16:19:44+00:00

This essay aims to discuss the processes of criminalization of social movements in the management of Brazilian urban space (research problem). For him, from the theoretical accumulation produced in the fields of critical criminology, the sociology of deviance and social anthropology, interfacing with studies on cities (critical urban studies), problematizes social control, as a heuristic category of analysis, to think about strategies for controlling social movements in the management of urban space. From a historical materialist approach (method), it is assumed that social movements function as an impulse to resist class interests and relations of power and dominance that shape the current stage of capital accumulation. By aligning academic work and social commitment, the invention seeks to contribute to the defense of the legitimacy of the militant social mobilization, demonstrating, contrary to the social and institutional reactions suffered, its socio-historical character constitutive of social life, democracy and rights humans. rights, like what happens in the space of fights and demands for the right to the city.

Policing in times of globalization: counterterrorism legislation as a platform for the militarization of policing in Argentina

2023-12-02T14:55:35+00:00

A special focus on the global securitization agenda, driven by the US war on terror, has expanded the mechanisms of penal control and crudified global legislation on the subject, even in countries of the Global South, where this is not the main concern. To illustrate this phenomenon, this paper focuses on the case of Argentina, where the government has dedicated a semi-military police force (the Gendarmerie) to confront indigenous peoples and other social protesters fighting for their rights, labeling them as terrorists and using the discourse and global instruments of counter-terrorism as a platform for legitimization. The aim of this article is therefore to explore the impact of international pressure for the approval of anti-terrorist legislation on Argentine domestic policing, through the Gendarmerie. The methodological approach is based on a qualitative analysis of reports by international organizations, local and international media, national laws and administrative regulations, speeches by government authorities and NGO reports. Critical discourse analysis uncovers the power relations underlying the sources mentioned in order to confront opposing narratives. Finally, it concludes that it is necessary to shed light on the use of anti-terrorist discourses and legislation as a platform for the militarization of policing and the repression of social protesters, so that the topic, beyond studies on policing, can be used as a platform for the repression of social protesters.

Old forgotten links: policing as a factor in increased incarceration

2023-06-30T19:58:51+00:00

The phenomenon of hyper-incarceration is a source of attention for researchers in the region, and studies seeking to understand it are increasing, but we still have many questions that we cannot answer. One of them, and the one I want to work on in this brief article, is: How does policing impact on the decrease or increase of the incarceration rate? Although few attempts have been made to establish a link between the police and their daily work and incarceration, there is research that has tried to do so, so in the following I intend to present some approaches and statements that are important to begin to pay attention to this line of work.

Notes on police violence on the outskirts of the East Side of São Paulo and the praxis of the "Mothers of the East" collective

2023-11-29T12:20:06+00:00

The aim of this paper is to provide some food for thought about police violence on the outskirts of São Paulo's East Zone. To this end, we are relying on an interdisciplinary approach to capture the historical constructions that forged the processes of favelization on this side of São Paulo. We show that the black experience and the popular movements of mothers, such as the "Mães da Leste" collective, are important tools in the fight against genocide. And we conclude that police violence in the region is a reflection of structural racism and the continuity of the colonial experience in the "public security" apparatus.

From Foucault's disciplinary power to the penitentiary issue: contributions on the Brazilian prison specificity

2023-10-01T19:41:16+00:00

Importing the disciplinary conceptions of prison proposed by Michel Foucault, the work problematizes the Brazilian prison system. The text talks about the theoretical import of these concepts to explain the Brazilian prison. In this way, we seek to understand whether the contributions of control and discipline proposed by Foucault help in understanding the Brazilian penitentiary issue. The text begins by presenting Foucault's conception of the emergence of disciplinary society and the role that prison plays within this context. From this, it discusses the way in which the Brazilian prison system was consolidated in Brazil, presenting the disparity found between national and international prisons characterizing the Penitentiary Issue. In the end, it concludes that the simple import of Foucault's disciplinary perspective, although it is a powerful instrument of understanding, in itself, does not reach the full complexity of the Brazilian prison system.

Gender and vitimology: critical-feminist considerations from the sentence in the Mariana Ferrer case

2023-11-05T23:02:53+00:00

The theme of this article is centered on gender violence practiced by the Criminal Justice System (CJS), having as its object the sentence in the Mariana Ferrer case. The objective is to analyze the performance of that system in media cases of women rape. The hypothesis launched is that the CJS, when considering cases of women rape, submits victims to new processes of victimization. To investigate the aforementioned hypothesis, we draw on the theoretical production of Brazilian feminist criminology on the phenomenon of rape and the intersection between the criminal justice system and gender. Initially, we will explore how victimology historically relates to gender issues. Next, we will analyze the rhetorical resources used by the sentence. Next, we will examine some mechanisms that can be inserted in criminal proceedings to protect victims of sexual crimes. We conclude, in the end, that the Mariana Ferrer case, despite its singularities, is added to a constellation of cases that demarcates the functioning of the patriarchal gears of the CJS.

Positivism and sexism in the Recife School: the criminological thought of Tobias Barreto

2023-11-13T23:02:30+00:00

This article examines the reception of the positivist criminology in the works of Sergipe’s jurist Tobias Barreto, the most illustrious representative of the Recife School. The criminological positivism was incorporated, albeit partially, by the intellectuals of the Brazilian Law Schools, who reproduced its main ideas, including what concerns women. Based on the perspective of feminist criminology and from Michel Pêcheux’s discourse analysis theory, Tobias Barreto’s main ideas about women in the period between 1870 and 1889 are presented. It is demonstrated that the author used the assumptions of positivist criminology from Cesare Lombroso to reinforce stereotypes and impose gender roles.

Black Criminology and the health of the Black Population under the focus of Hate Crimes by Racial Violence

2023-08-28T11:49:56+00:00

This article aims to evaluate the interactive intersection between the postulates of Pan-Africanism and Criminology, thus revaluing contemporary criminological thinking with new Afro-referenced models, in order to find correlated facts that will help in the development of perspectives of a critical and specific criminology to ethnic-racial issues, academic racism and nuances of racial violence that are part of the Black Population Health Program. The methodology of this essay is a basic and exploratory research, of qualitative analysis, instrumentalized by a bibliographical and documental research (Flick, 2009). Finally, this essay attempts to promote a cultural polarization in higher education, whether in legal education or in health education - by addressing and re-signifying the discursive representations that we have around Criminology, Hate Crimes, Racial Violence and the Scientific racism.

War on drugs and racism: lethalities of the criminal justice system

2023-11-26T15:03:25+00:00

The objective of this article is to analyze, based on a critical criminological framework, criminal selectivity and police lethality increased by the “war on drugs”, especially against the black population, due to the structural racism present in our society. The aim of this work is also to propose an alternative drug policy, given the failure of repressive policy with regard to its declared objectives of reducing consumption, trade and production of psychoactive substances. Furthermore, an alternative drug policy is essential to avoid the serious damage caused by the “war on drugs” to democracy and human rights.

Namibia, no! Biopolitics, necropolitics and State racism in Executive Order

2023-09-26T17:50:36+00:00

This research sought to analyze the film Executive Order with the reality of the country, focusing on the theoretical lenses of biopolitics and state racism by Michel Foucault and necropolitics by Achille Mbembe. For the problematization, it was necessary to watch the film a few times, even pausedly, so that it was possible to make observations and notes, which could go unnoticed. Dystopia has a close relationship with the three concepts presented in several passages and with the Brazilian reality, both throughout the country's history and with the current reality that occurs in every corner of Brazil. The whitening of the population, eugenics, social Darwinism are some of the Brazilian historical phenomena that dialogue with fiction. From the analyzes carried out with theoretical support, it can be seen that biopolitics, necropolitics and State racism are evident in several moments in the film, in the same way that it is possible to make correlations between dystopia and the realities present in each corner of Brazil.

From massacres to massacres in the rural context

2023-12-23T01:07:49+00:00

The present article analyzes the massacres and, specifically, the massacres in the rural context from a reading of Latin American critical criminology.

Resistance and dispute for housing in the city of São Paulo

2023-12-26T14:02:03+00:00

Photographs by Daniel Arroyo da Cunha.

Expedient

2023-12-25T21:24:26+00:00