Racismo estrutural e racismo institucional: uma análise das sentenças criminais na Comarca de Palmas/TO sob o crivo da cútis dos réus em perspectiva comparada no período de 2018 a 2020

Abstract

This study addressed the theme of structural racism with the aim of investigating the dynamics of selectivity and discrimination of the black population by social and legal institutions, so that the theme under discussion is institutional racism present in the Judiciary. We saw that the problem of racism is historical and is related to the myth of racial democracy, requiring a macro- sociological analysis that resumes the reflexes of slavery and colonial violence, introjected into social relations and reproduced in social institutions as a legacy of white domination for the maintenance of the status quo and subjugation of blacks, making it difficult to recognize social rights and guarantee the Human Rights of this population, which makes up the majority of the Brazilian population. The technical report presented here brings the data collected in document bases and systems with access restricted to agents of Electronic Process System (EPROC), composing an empirical research with data analysis of sentences issued in the first three criminal courts in the district of Palmas/Tocantins (TO), between the years of 2018 to 2020, in order to show an investigative profile of jurisdictional provision in the criminal sphere that affects blacks, compared to other groups of different cutis, making it clear that structural racism, still under the influence of legal positivism, introduced a dynamic of selectivity to create a stereotype of criminal linked to skin color. Critical Criminology, associated with theoretical research of interdisciplinary matrices, provide a macro-sociological view of the problem, so that Law and Legal Sociology intertwine in the interpretation of the phenomenon of institutional racism, that crystallized in institutional discourses and practices and experienced in everyday life by black citizens, hidden in relationships and denied by the alleged historically widespread idea of racial democracy. The Technical Report provides an interpretation of the phenomenon of racism and presents data to prove the labeling of the black population by the Justice System, with greater emphasis on the penal system. The results pointed to the existence of a criminal selectivity profile in the district of Palmas, at the secondary level, considering the limitations of the observational field, demonstrating that the criminal justice activity in the capital reproduces the same massive incarceration of the black population at the national level. The graphs and tables are presented as a product of the research, together with a cycle of lectures given by the researcher on the subject and the publication of an article in a specialized scientific journal. Such activities followed the methodological guidelines of the Participant Research. In addition to these actions, research to support possible interventions and social technologies was incorporated into organizational governance, considering the need to foster debates and reflections on the confrontation of structural racism that manifests itself in the Tocantins Justice System, as required by Ordinance n°. 108, of July 8, 2020, of the National Council of Justice. In view of the interventions, it is expected that the impact of the research can support changes in the Justice System, drawing attention to the way the black population has been treated within the scope of Jurisdictional Provision, highlighting the need to strengthen measures to guarantee the fundamental rights and human rights, in a constant struggle against institutional racism and for social justice.