CONSIDERAÇÕES MARGINAIS ACERCA DA (I)RACIONALIDADE DA CRIMINALIZAÇÃO NA SOCIEDADE BRASILEIRA

• Main Author: Janaina de Souza Bujes
• Format: Article
• Language: English
• Published: Universidade do Oeste de Santa Catarina 2011-06-01
• Series: Espaço Jurídico
• Subjects: Citizenship; Social exclusion; Administration of justice; Criminalization; Legal anthropology.
• Online Access: http://editora.unoesc.edu.br/index.php/espacojuridico/article/view/1416

This paper pretends to discuss some aspects of differential treatment that occurs in the incidence of secondary criminalization and punitive powers imposed by the State. Based on studies of Marcelo Neves and Eugenio Zaffaroni this work focus on some considerations about the consequences of these relations in the incidence of secondary criminalization. The central argument is that the formation of two portions of society – one of them called “underintegrated” that is the main “clients” of the criminal justice system and another portion considered “overintegrated” – and both collaborate to create spaces where we have the denial of fundamental rights, and criminal differentiated treatments.Taking as reference the Brazilian reality, perceives the need to overcome the “overintegration” and “underintegration” in the relationships, something that requires a confrontation of paradox formed by the simultaneous presence of legalism and impunity, and pursue the generalization of citizenship to all segments of society to build a public space of legality and constitutionality.