Banca de DEFESA: Mayara Lima Tachy

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Mayara Lima Tachy
DATE: 25/07/2023
TIME: 09:00
LOCAL: https://meet.google.com/yyy-hmpt-tck
TITLE:

"DEFENDANTS, VICTIMS, JURY: RACE IN JURY TRIALS".

KEY WORDS:

RACE, RACISMO, JURY TRIAL; JURY COURT; CRIMINAL LAW.

PAGES: 120
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present work deals with the analysis of the racial profile of the actors involved in criminal cases submitted to trial before the jury court, formed by lay jurors from the community where the crime was committed. Initially, we sought to understand the concept of race considered the Brazilian reality, which involved an intense process of colonialism, which led to what became known as coloniality. Although slavery was abolished less than two hundred years ago, the effects of colonization resulted in a structural racism that forged punishment systems in a peculiar way in countries of the global South. Racism was not a mere existing social reality, but guided the punitive constitutional and infraconstitutional legislative production, shaping the penal system to house the surplus population contingent after the abolition of the slave regime. With the evolution of Criminology, this reality began to be perceived, reaching greater clarity with the theories of conflict, inaugurated by the labeling approach, reaching the current stage of Critical Criminology, which considers the incidence of these factors in criminalization processes. These processes begin in the police agency, passing through the judicial system to mass incarceration, a space where it consolidates in the reproduction of criminalized racial patterns. In this context, the analysis of the popular jury is important to identify whether these racial patterns are reproduced in this instance and whether the racial profile of the jurors can influence the results of trials of black and white defendants. The work analyzes racial profiling data produced in the Brazilian State, which confirm that black people are preferred recipients of police agencies, selectivity sanctioned by the Judiciary. Quantitative research carried out on the international scene concluded that the lack of diversity in jury composition leads to unequal results for black and white defendants. There is also international condemnation in the case of a black defendant who was convicted with racist elements evidenced during the trial, in a jury made up exclusively of white Mormons. In a bibliographical research, different results were identified in trials of black or white defendants and black or white victims. The race of jurors, defendants, and victims, therefore, appears to have a great influence on trial outcomes. These data, however, were not properly recorded in the records of the criminal cases analyzed in the judicial district of São Sebastião/Federal District. Omissions or contradictions were perceived in the data referring to the defendants. There is no data on jurors and rare were the files that brought information about the race of the victims. In the end, it is concluded that there is an invisibilization of these data in the eyes of the Judiciary, intentionally or culpably. This omission makes it impossible to carry out a quantitative study to identify whether this phenomenon is repeated in the Brazilian state. The criminal selectivity rates suggest that yes, but the failure of the State to document this data prevents research from being carried out and, consequently, measures from being proposed to support a search for greater racial parity in the Sentencing Councils.

COMMITTEE MEMBERS:
Externo à Instituição - HUMBERTO BARRIONUEVO FABRETTI - UPM
Presidente - 1172631 - BEATRIZ VARGAS RAMOS GONCALVES DE REZENDE
Interno - 1863338 - EVANDRO CHARLES PIZA DUARTE
Interna - 1904522 - JANAINA LIMA PENALVA DA SILVA