O Estalar do Martelo: uma análise sobre as sentenças de crimes patrimoniais na cidade de São Carlos

Abstract

The objective of the present research was to study the judicial sentences related to patrimonial crimes, especially those of theft and robbery, committed by blacks and whites in the city of São Carlos and that were handed down in 2017. For that, the analysis was made defendants' profile using the categories gender, race, social class, education and age. The characteristics of the criminal process, the results of the sentences, the exercise of defense guarantees and the legal particularities of each case were also considered. The results indicate that property crimes mostly refer to material goods of low economic value, indicating that criminal justice in São Carlos is active in the solution of very simple causes. The vast majority of defendants are convicted and the prison sentence is predominant, however the penalties for restricting rights are also applied, especially in cases of theft. The hypothesis raised and proven is that the judges differently condemn black and white individuals for giving the first category more severe penalties. The results also point to the importance of stereotypes linked to drugs in determining the sentence, signaling that the logic of the “war on drugs” interferes in the judgment of property crimes. The methodology used was based on documentary analysis. The conclusions were towards confirming institutional racism within the judicial system, intersected with other forms of social labeling of defendants, where the privilege of white individuals over blacks and the failure of the judicial system to apply the principle of equality was affirmed.