Brasil Colônia e a formação da clientela preferencial do sistema penal brasileiro
Maíra Ribeiro de Rezende & Edson Vieira da Silva Filho
What the paper says
This article analyzes the historical constitution of the Brazilian criminal law’s preferential clientele, highlighting how its continued existence constitutes a material unconstitutionality within the paradigm of the Democratic Rule of Law. From a historical-critical perspective, the study investigates the formation of Brazilian society, emphasizing the influence of slavery, structural racism, and the coloniality of power on contemporary penal selectivity. It departs from the hypothesis that the unequal functioning of the criminal justice system is a reflection of a punitive rationality that sustains historically established social hierarchies. Drawing on the works of authors such as Zaffaroni, Foucault, Baratta, and Rosa del Olmo, and employing a qualitative and phenomenological approach, the study reveals the mechanisms through which Brazilian criminal law legitimizes practices of exclusion, even under a constitutional order grounded in guarantees and fundamental rights.
Evidence weight
Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40
| F · citation impact | 0.50 × 0.4 = 0.20 |
| M · momentum | 0.50 × 0.15 = 0.07 |
| V · venue signal | 0.50 × 0.05 = 0.03 |
| R · text relevance † | 0.50 × 0.4 = 0.20 |
† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.