NOTES ON LATIN AMERICAN CRIMINAL POLICY IN THE FACE OF MASS INCARCERATION IN LATIN AMERICA

Abstract

This paper analyzes part of the socio-historical context of the punitive system that traverses, in a macro-social way but with particularities, the Latin American countries in their respective social formations, marked by stigmatization and various types of structural violence, with racism being the most present in this process. These violences intertwine with the current punitive core which, originated in the heart of the central countries, has spread, since the waves of colonization, to the Latin American contexts. Thus, this qualitative study, bibliographic, documentary, and exploratory in nature, aims to make more elucidated observations about Brazilian societies, considering the set of ideologies and penalizing and dehumanizing practices, of a racist nature, that structurally and historically mark the daily lives of black, racialized, and marginalized populations in the contemporary Brazilian scenario, and how the racialization of the hypervigilance process and criminalization, with the support of the State, expressly neofascist, neoconservative, and structurally racist, makes use of legislative and judicial mechanisms to legitimize the production and reproduction of barbarity and the extermination of racialized bodies, thus translating as a final result into the mass incarceration of the racialized population.