THE CRIMINAL JUSTICE SYSTEM AND THOSE ARRESTED FOR THEFT IN ALAGOAS: TRAJECTORIES, CUSTODY HEARINGS AND DECISIONS – 2013-2019
Alagoas; theft; provisional imprisonment; criminal justice system; trajectory
This thesis has as its research object the process of incrimination and provisional imprisonment of a contingent of people accused of theft in the state of Alagoas, between the years 2013 and 2019. This work aimed to understand the reasons why imprisonment without conviction in the state has remained above the national average during the last two decades, despite the advent of the precautionary law (Law no 12,403/2011), and alternative measures to provisional imprisonment. that this law established, as well as despite the implementation of custody hearings (2015). To answer this question, we take as our object of study the crime of theft, which, according to article no. 155 of the Penal Code, is a non-offensive and non-violent conduct, whose average penalty resulting from a conviction, as a rule, is does not give rise to a custodial sentence in a closed regime, a regime in which provisional prisoners are kept. To this end, we carried out a documentary survey of 330 theft cases in which 345 people had been provisionally arrested and requested their release, via habeas corpus, at the Court of Justice of the state of Alagoas (TJ-AL). The analysis of this contingent of theft cases allowed us to build a profile of the accused that pointed to very unfavorable socioeconomic characteristics and situations of extreme social vulnerability in which these people found themselves when they were arrested. Documentary research demonstrated that provisional arrests were maintained by judges and prosecutors in most of these theft cases and, when requested, the TJ-AL tended to deny the majority of habeas corpus requests, even in attempted theft cases. Our main argument, based on Pierre Bourdieu's theory of practice, in response to the researched reality, is that the social, economic, moral, educational and symbolic distance between judges and those judged, incorporated in the trajectories-dispositions-bodies of these agents, prevented or it made it difficult to form sensibilities and worldviews capable of influencing the decision-making process of agents of the criminal justice system and reducing the number of arrests without conviction. We understand that these distances are the main sociological sources for understanding punitivism and penal selectivity. To this end, we carried out 14 interviews with these agents and traced their trajectories and narratives, with the aim of supporting this argument.