Criminal selectivity and mass incarceration in brazil

Abstract

This research investigates the impacts of mass incarceration and the structural implications of the Brazilian penal system, showing that the phenomenon transcends the mere application of punitive measures and is inserted in a historical context of exclusion, discrimination and marginalization of vulnerable groups. Initially, the research presented the problem of mass incarceration as a mechanism that masks selection processes intrinsic to the penal system, which are based on legacies of prejudice and authoritarianism, affecting mainly economica11y disadvantaged and racially discriminated populations. Toe methodology adopted was characterized by a qualitative and descriptive approach, combining bibliographic review and documentary analysis; databases such as Scopus, Web ofScience, SciELO, Google Scholar and the CAPES portal were used, in addition to inclusion and exclusion criteria that prioritized recent and relevant studies for understanding the mechanisms that intensify hyper­ incarceration. Toe results showed that procedural practices, such as early imprisonment and social labelling, intensify criminal selectivity, while authoritarian and punitive discourses contribute to a system that perpetuates stigmas and reinforces historical inequalities. It was found that the construction of stigmas based on processes of social labeling and the criminalization of behaviors associated with minority groups strengthen practices of exclusion and marginalization, evidencing that the penal system acts as an instrument for maintaining social hierarchies. Toe discussions also pointed out that, despite rehabilitation efforts, the current model is characterized by a repressive logic that hinders the implementation of more humanized and inclusive altematives. Toe final considerations emphasize the need to rethink the current punitive paradigm, highlighting the importance of public policies that promote prevention, education and resocialization of individuais, in addition to the modemization of control and inspection mechanisms, in order to reduce disparities and advance in the construction of a truly democratic and equitable penal system. Thus, the findings point to the urgency of structural transformations that rethink the foundations of mass incarceration and promote the integration of practices that privilege the protection of human rights and social inclusion.