Dialogues with “marginal realism” and the critique to whiteness: Why criminal procedural dogmatic “doesn’t see” the institutional racism of police management in Brazilian cities?
DOI:
https://doi.org/10.18316/redes.v8i2.5151Keywords:
Critical Criminology, Whiteness, Institutional Racism, Police Violence.Abstract
The text illustrates the relationship between legal discourse and institutional racism in Brazil. Specifically, it addresses the silent violence contained in the way the legal discourse itself qualifies (or does not qualify) the violence in the management methods of urban and imprisonment spaces. It strives to understand the role of jurists in reproducing this daily violence. To exemplify, it proposes the interpretation of Eugênio Raúl Zaffaroni’s texts on the relations between institutional violence and the role of a critical criminal dogmatic to incorporate the selectivity of the police action. From Marginal Realism (and its critique), it suggests that whiteness is essential to understanding the boundaries of the best proposals for reconstructing the legal theory since traditional academic education causes concrete violent effects on black bodies. Thus, the critique of criminal legal theory needs to be situated beyond the critique of its unfulfilled promises. The process of the racialization of knowledge and legal practices must be understood in the articulations between the said and the unsaid. Therefore, it must include the unspoken aspect of these promises of institutional violence rationalization, and name those that have fallen outside the whiteness pact that guarantees rights.
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