CRIMINALIZAÇÃO DAS CONDUTAS LIGADAS AO “HOMO SACER”: A CAPTURA DOS MARGINALIZADOS PELO SISTEMA PUNITIVO PENAL

Abstract

The present article seeks to develop a reasoning about how the narratives propagated on a large scale work in order to favor the verticalization of power - a factor that makes structures move in favor of a hierarchical superiority, be it economic, political, social ou cultural -, made explicit in the systematic and selective use of the penalty. In this sense, they legitimize the functionality of the penal punitive system to produce practical effects of mass incarceration of the marginalized, those piled up in the Brazilian prison overpopulation, in favor of a supposed social security of which many individuals - those considered in the position of "homo sacer", more often - are violently deprived, and which is questioned about the factual possibility by the willing means. This having as vehicle the legislative production and the judiciary field.