“O ontem, o hoje, e o agora”: relações étnico-raciais e destituição do poder familiar no judiciário catarinense

Abstract

This thesis addresses the issue of race, class and gender-patriarchy determinations in family power removal proceedings in the Santa Catarina courts. Its elaboration was based on theoretical and bibliographical research, which showed that the expropriation of the original peoples of the Americas, as well as the kidnapping of the peoples of Africa, served as the driving force behind the primitive accumulation of capital, resulting in the conditions for the materialization of the capitalist mode of production in Brazil. It is understood from the authors that racism is a product of slavery, and is used to regulate the value of the workforce in the MPC and also to establish the role of the state, defining the place that the black population would occupy socially in the lands of Brazil. Not coincidentally, it is the black population, and especially black women, who occupy the main inequality indices, being affected by all sorts of social ills that plague us on a daily basis. Secondly, documentary research was carried out based on court cases from a specific district in Santa Catarina. During data collection, the stories of 22 families who had their family power taken away from them between 2020 and 2021 were observed. An analysis was made of the "view" of these families, based on reports, petitions and court rulings. It was concluded that the absence and inconsistency of data related to the ethnic-racial identification of these families is consistent with the historical invisibility of Santa Catarina's black population; that elements of the colonial past are a continuum, reconfigured on the basis of racism, with the following being noticeable: hygienism and the criminalization of poverty; the construction of black women as "incapable" of motherhood; and the characterization of "neglect" in a racialized way. As a result, it was possible to observe that race, class and gender-patriarchy determine the removal of family power in the Santa Catarina judiciary.