Instrumentalidade punitiva do processo penal: um estudo do caso de LGBTFOBIA em Itatira e o processo-pena brasileiro

Abstract

It is taking the case study of the small town of Itatira, Ceará, as a starting point that the following work proposes a study of punitive power structures, especially those in the form of a “procedural punishment”, and the role fulfilled by LGBTQI people in them. Of all of the multiple cases of discrimination that happened in the town, this study focuses on the journalist J., and how the confluence of a homophobic instrumentalization of the penal process to which he was subjected to affected his life. Here, it’s sought after an analysis paradigm from which those cases can be viewed, from the confluence of studies of the justifying principles of precautionary arrests, of the anticipation of an uncertain sentence that the penal process in itself presents, the “procedural punishment”, of the criminalization and marginalization of LGBTQI people, with a range of law, criminological, historical and philosophical concepts. We used a diverse bibliographical research, not limited to the field of legal sciences. For the analysis of the case, documentary, participatory and field research was added. Ultimately, those punitive institutions, and its many discriminatory discourses, serve the State’s authoritative ambition.