Vítimas e controle punitivo: um percurso pelos discursos acadêmicos no Brasil contemporâneo

Abstract

The field of promotion of criminal public policies in the current Brazilian scenario is gradually mitigating the conception that move the victim away from the criminal justice system. This is the case, for example, of the National Plan for Criminal Alternatives (NPCA) promoted by the Federal Government. In this context, the priority actions proposed for consolidation of the NPCA are critical of the culture of incarceration and point out the reparation and the victim's and community protection, practices of mediation and restorative justice as possible criminal policy practices based on new foundations. Considering the relevance and actuality of the topic, this dissertation investigates whether such a proposed return of the victim to the criminal justice system constitute, in fact, an innovative criminal policy for Brazil. Taking into account the possibility that the increased participation of victims in the system will provide different ways of understanding and dealing with the diversity of conflicts and problems normally attributed to criminal law, I assay if this guideline of criminal policy alternatives may represent an opportunity to break the so-called modern penal rationality. Or, in other words, it will represent a possibility against the culture that reinforce the role of police in everyday life adopted by the Brazilian State? It will bring alternatives to the criminal policy of incarceration and current judicial practices, which produce subjectivities posed under insecurity and fear? The work is based on the theoretical and methodological framework of Michel Foucault. With his work is possible to understand the importance of mapping the discourses around the analysis object, the victim in contemporary Brazil. Along the research a journey was covered in order to identify and discuss academic discourses about the victim and punitive control. Thus, a digression on the Brazilian victimology discourse was carried out, the abolitionist discourse in Brazil was analyzed, and the space dedicated to the victims within former and current restorative justice practices was investigated. Finally, three recurrent and transversal themes to those discourses were problematized: the victim's role in the criminal justice system, the victim and the trauma and revenge. Through the research it was concluded that the implementation of new strategies and procedures aiming a greater participation of victims in the Brazilian criminal justice system might take the risk of representing permanence in relation to how representations and hegemonic practices around crime and punishment have always been constructed, that is, the absence of a disruption with the discourse that legitimize themselves. The "new" victim, although promoted by a philosophy grounded in the recognition and reparation, was also conceptualized in order to understand if it would reinforce the punitive fervor sweeping the present. Thus, it was highlighted how the investigated discourses may reinforce rather than undermine the legitimacy of punitive control. Moving away from the usual attitude of a paralyzing pessimism , this research concludes with possible "answers-paths" aiming at the consolidation of those public policies.