A Justiça brasileira no divã: o racismo nas decisões judiciais de processos de crimes de furto simples.

Abstract

In the present work we aim to study the existence of possible racist expressions in the Judiciary of Pernambuco, analyzing the criminal cases that went up to the TJPE, which judged crimes of simple theft that occurred in the period from 04/19/2022 to 02/12/2023. In order to try to identify a difference in treatment in the trial of white defendants and black defendants, we carried out a comparative analysis between the 1st and 2nd instance decisions. Therefore, we initially carried out a bibliographical research on racism and its functioning mechanism in Brazilian society and within the Judiciary itself. Then, based on the defined analysis criteria, we carried out a documentary research of the cases that reached the Court of Justice of Pernambuco (TJPE) that fit into the previously established temporal, spatial and material framework. In this way, we created schematic tables of the processes analyzed comparing: the Time of Sentence to be served; Procedural Rights and Guarantees; the applied aggravating and mitigating factors; and, the Sentence Compliance Regime. Through the analyzes undertaken, we were able to highlight a difference in treatment in cases when judged in the 1st instance compared to the judgments in the 2nd instance.