Presos sem condenação: invisibilidade e exclusão social nos crimes de furto em Arapiraca – AL

Abstract

According to the National Survey of Penitentiary Information, in Brazil, during the last two decades, it is possible to observe a considerable increase in imprisonment without conviction. During this period, it was verified that almost half of the prison population in this situation has not been tried and condemned. However, some federative units are highlighted as to the number of provisional prisoners. Among these, Alagoas, which, according to the National Council of Justice, of the total prisoners, 80.92% had not been convicted. Thus, this work has as its object the provisional arrests in the city of Arapiraca / AL, whose primary data, originated from criminal proceedings, were collected next to the 5th Criminal Court of Arapiraca. The paper aims to understand the reasons for the imprisonment without condemnation of the social facts qualified in Brazilian law as crimes of theft, a criminal type that does not involve violence and serious threat. Emphasis was placed on robbery crimes and sociological processes that determine and / or condition most criminalized and imprisoned individuals without conviction for theft, such as race, class status, poverty, and social exclusion. Faced with such aspects, we formulate the following hypothesis, corroborated throughout the research, namely: in prisons for theft, the agent is punished, not the act practiced. To confirm this hypothesis, we used a set of secondary quantitative data, mostly descriptive statistics, as well as primary qualitative and quantitative data, constructed from 263 criminal cases. The conclusions we have reached are based on the finding that the majority of the provisional prisoners for theft were men, blacks, the poor, the young, the peripheral, the poor and the unemployed. The data collected allowed us to undertake na analysis based on concepts such as "habitus", "precarious habitus" and "cumulative cycle of disadvantages", which together seek to distance themselves from a recurring interpretation that the criminal justice system punishes , deliberately and moved by an orchestrated systemic intentionality, those individuals. The conjugation of these concepts seeks to support, on the one hand, that, long before entering the criminal justice system, these individuals are punished in various ways in their trajectories, and therefore are closer to deviant conduct. On the other hand, in these cases the criminal justice system punishes those who punish because of the incorporation of dispositions along the trajectories of the individuals that compose it and holds more power, especially promoters and judges, who are increasingly distanced from universes symbolic, economic, political and cultural rights of the imprisoned criminals.