A audiência impossível: violências e desumanização do corpo negro nas audiências de custódia

Abstract

The present study aims to analyse the detention hearing institution in Brazil from the racial matter, aiming to shed light on how the denial of humanity to the black person is  central piece towards the understanding of the perpetuation of the ignored violences in this presentation procedure of people under arrest. The consultation to the criminal procedure doctrine is adopted as bottom line, highlighting the humanization expectations on the criminal procedure through the establishment of substitute hearings of paper-based decisions, without the direct meeting among authorities. Furthermore, the interpretation spectrum is open to identify who are the subjects that take part into this criminal procedure encounter-act and, starting from what each one of them represents, a discussion on the performed practices was attempted.  For that, analysis of data collected by independent organizations, by institutions part of the criminal justice system and by empirical scholar researches was adopted, critically unravelling what the numbers represent in a context which racism is also operationalized through criminal procedure.  The conclusion met is that juridical institutions that presents themselves guarantors of human rights do not meet ends regarding the overcoming of inequalities and violence permeating its own application, because its victims embody bodies to which citizenship is not assured, what points towards the Judiciary (and other institutions of the justice system) as part of the oppressor gear – and not the redemption organ. The research originality stands on the set-up lenses, which make possible to expose the insufficiency of the epistemic tools that traditional critical criminal procedure and criminological knowledge have been resorting.