Juventude, criminalização e direitos fundamentais : a fabricação da identidade do inimigo

Abstract

The present research has as main aim, anchored in the theories of Sociology and Critic Criminology, to comprehend the juridical-sociologic processes of manufacturing social enemies and the criminalization of the youth. It is intended to research about how this juridical-sociological phenomenon and the consequent criminalization of the youth operates and is related to the tendency of the maximization of the Penal State and to the proposals of reducing the age of penal imputation in Brazil as solution to the social and political-criminal problems and, above all, as strategy of neutralizing the adolescent considered suspect, who starts being the new social enemy. Moreover, a critical analysis will be done about the intolerance seen in the emergent narratives about the suspicious adolescents, whose origins can be identified in the historical load of the formation process of the Brazilian society that directs the social accusation to negative social kinds, phenomenon empowered by the moral panic and by the insecurity in the current society and by the spectacularization of juvenile delinquency in the hegemonic media. The feeling of fear and insecurity in the population and the production of identities of social suspects as the possible responsible by the chaos in the society inflicts on the suspicious teenagers the status of enemy of the society and of the common good, in a way that is still substantiated in the rhetorical of the impunity and in the penal common sense, reason why the present investigation is justified. The ambiguities between these criminalizing tendencies must be investigated, which culminate with the proposals of lowering the age of penal imputation and the real overview of violence and social vulnerability in Brazil, in the light of data related to the victimization of the Brazilian youth. In methodological terms, the hypothetical-deductive method will be elected, in which implies the characteristics of the deductive reasoning, which consists in a logical construction that from two prepositions called premises you get a third one, called conclusion, as well as the inductive reasoning, to research and to identify the parts of the phenomenon and to collect them in a way to have a perception or a general conclusion. The role of the dialectic method will be observed in a work of this nature, taking into consideration its depth, because the dialectic method presupposes a study of the reality in its movement, analyzing the parts in constant relation with the totality and allowing a holistic view about the phenomenon. The research in progress is of qualitative nature and will use as data recollection the bibliographic and documental analysis. Therefore, the temporary structure of the research is composed by three chapters, in which we will talk, first, about the excluding society, the insecurity and the process of manufacturing the social enemies (Chapter 1); the development evolves to the study about the juridical theory of Constitutional Law of the Child and the Teenager in the infraction context and the Juvenile Penal Law while a criminalizing theory (Chapter 2); in the end, we talk about the permanencies and anachronisms in a society of selective violence such as the Brazilian, approach that will condensate the analysis about the social suspects, the category of criminal and the adolescent criminal subjection, in a way of identifying the youth as a new social enemy subdue to criminalizing processes via primary and secondary criminalization, with particular highlight in the ambiguities between spectacularization of the juvenile delinquency propelled by the media speech, the impunity rhetorical and the vulnerability of the adolescent (Chapter 3).