O racismo estrutural e seus impactos nas decisões judiciais brasileiras à luz do direito penal do inimigo

Abstract

The way in which judicial decisions occur for individuals who have certain racial and social characteristics, demonstrate the use of structural racism and the conceptions developed by Jakobs in the scope of criminal justice. This article aims to demonstrate the extent to which judicial decisions are influenced by Structural Racism and how this perspective uses the Criminal Law of the Enemy, as a way of building and perpetuating the image of black people as a true “enemy” of society, based on the analysis of these conceptions, as well as the construction of this criminal stereotype and the analysis of decisions that bring the positivization of these discriminatory aspects.