THE IMPACTS OF STRUCTURAL RACISM ON THE BRAZILIAN PRISON SYSTEM

Abstract

This article analyzes the impacts of structural racism on the Brazilian prison system, understood as a legacy of the slave system that shaped society and national institutions. The research problem arises from the observation that, even after the abolition of slavery, the Black population remained marginalized, being disproportionately affected by penal selectivity. The main objective is to understand how structural racism influences the functioning of the criminal justice system and contributes to the mass incarceration of Black people, relating it to the concept of the Criminal Law of the Enemy. The methodology adopted is qualitative, bibliographic, and documentary, based on authors such as Silvio Almeida, Dennis de Oliveira, and Ynaê Lopes dos Santos, as well as official data and case law. The historical and theoretical analysis shows that racial inequality, rooted since colonization, was incorporated into institutions and reproduced in the criminal justice system, which often identifies the Black population as an “enemy” to be fought. It is concluded that addressing this situation requires reforming institutional structures, implementing anti-racist public policies, and enforcing fundamental rights, aiming at building a more just and egalitarian society.