O capital simbólico da função pública na sentença penal no crime de peculato em Recife

Abstract

It is attempted to identify the criteria that point the influence of symbolic capital of public function of criminal sentence in Recife, from 2008 to 2010. If there is a substantial difference between the actual and punitive system functions declared, then this difference should occur in the trials on the crime of embezzlement. The research is consisted in a quantitative and qualitative analysis of 22 (twenty-two) judgments issued in the Court of Crimes Against the Public Administration and Tributary Order in the District of Recife related to the crime of embezzlement, in a period of three years. Among the indicatives found in criminal sentences examined quantitatively based on critical criminology are highlighted: the lowest amount of sentences showed in the period related to the embezzlement crime in the District of Recife is demonstrated in a very low criminality, evidencing the occurrence of called hidden chord, besides the preponderance of meaningless accused in the bureaucratic field, denoting the extreme selectivity of the punitive system and a substantial difference between the functions declared and the actual functions of the criminal justice model. On the other hand, there is also an understanding of sentences, it has been done an analysis of official discourse through the examination of fragments of verdicts on the basis of critical criminology, which were identified a strong influence of the ideology of social defense. The symbolical exchanges that go through the bureaucratic field is legitimized the ideology of social defense, forging the criminal dogmatic. It is important not only to scientifically community but also to public servers responsible for criminal persecution the influence of symbolical exchanges in the judgment, seeing the judicial verdict from new perspectives, more related to the effectuation of human rights.