A trajetória histórica e a relações sociais e estruturais do sistema de punição: formas de criminalização impostas as classes subalternizadas na consolidação do sistema penal brasileiro

Abstract

The present study aims to study the elements of continuity and discontinuity in the social function of punishment for subaltern classes. The analysis was executed through a qualitative and exploratory research on the factors that influenced the establishment of prison as the main criminal sanction. Two main questions will be approached: the transformations of the economic structure that reflected directly in the social control and the practices of punishment adopted, demonstrating which factors caused its emergence. To exemplify punitive methods, was brought images regarding some punitive devices that we understand to be important to exemplify our object of study. The discussion will be held in three chapters. In order of that, in the first chapter we will deal with the formation of the Brazilian colonial penal system, demonstrating its structure and the fundamental features of the period. In the second chapter we will discuss the formation of the national State, bringing a brief history of the function of the penalty in the empire and the elements of the neocolonial transition period. And, in the third and final chapter we will analyze the structure of the dependent State, as well as the punitive methods of the period. In this way, the most relevant historical facts are highlighted to characterize the dynamics of the colonial system, as well as the imperial slave discipline and the political predominance of the Dependent State and its relationship with the establishment of the penalty, mainly in Brazil. The theme was approached due to the interest in learning the factors that led to the development of deprivation of liberty, being extremely relevant to demonstrate the ineffectiveness of prison as a criminal sanction.