Entre ceias e a seletividade do sistema penal, nada muda em 2016

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Por Leonardo Marcondes Machado

“Então é Natal, e o que você fez? O ano termina, e nasce outra vez.” Simone, com seu CD 25 de dezembro, que completa exatos 20 anos de lançamento em 2015, ainda embala as comemorações natalinas e as festas de final de ano país afora.

O período é, para muitos, de balanços corporativos e avaliações pessoais; não raras vezes metas são revistas, e projetos, abandonados ou substituídos. Segundo o psicanalista Christian Dunker, em recente entrevista ao jornal Zero Hora, essa “compulsão avaliativa” presente na maioria das pessoas durante o ano todo termina na inveja improdutiva que acompanha o sentimento depressivo de solidão. Adverte, portanto, para o risco de análises superficiais e consequentes decisões equivocadas, especialmente diante da extrema dificuldade em se “tecer o fio do desejo que liga quem somos ao que fomos, inventando o que seremos”[1].

Tudo isso para dizer que esta breve coluna passará longe dos tradicionais balanços anuais do sistema de Justiça criminal ou de avaliações periódicas da segurança pública. Enfim, nada de retrospectivas penais 2015. Na verdade, escrito durante o recesso forense e lido no “entre ceias”, este último “desabafo” tratará de modo sucinto, conforme manda o figurino de época, de uma obviedade fundante do sistema penal: a sua seletividade. Para tanto, nada melhor que as reais histórias da práxis criminal.

Estava de plantão justamente no dia 25 de dezembro, e o que se via, como ocorre diariamente no sistema penal brasileiro, era a criminalização da pobreza. A grande massa que, pela falta de conhecimento, assistência e recursos, termina encarcerada inclusive durante o Natal. Desconhecem direitos fundamentais e não dispõem de qualquer capital (econômico, cultural, social ou simbólico) capaz de estabelecer alguma resistência ao poder punitivo.

Falo de gente que nada sabe a respeito de garantias como “inexibilidade de autoincriminação” e que não possui nem sequer 1/3 do salário mínimo para prestar fiança com o objetivo de afastar o cárcere. Nação incapaz de escrever o próprio nome no “ciente” do mandado de prisão ou que fora obrigada por muito tempo a “sujar o dedão” para dar recebido em nota de culpa. Pessoas que nunca tiveram oportunidade de defesa efetiva; multidão kafkaniana lançada à própria sorte no campo da burocracia persecutória.

Naquela oportunidade de plantão, um sujeito é conduzido pela Polícia Militar, supostamente “preso” pela subtração tentada de uma placa de estacionamento privado, e outro com quatro garrafas de refrigerante. Evidentemente que o caráter nitidamente insignificante de tais condutas afastou a prisão em flagrante dos “conduzidos”, na linha do que temos sustentado em diversas oportunidades, mas tais fatos são recorrentes e sintomáticos. Dizem muito a respeito da nossa aposta no poder punitivo, ou melhor, sobre a nossa obsessão pelo castigo penal. E, claro, da seletividade em torno do sujeito criminalizado. Isso porque “gente de bem”, detentora de alguma espécie de capital, normalmente passa ao largo das instâncias oficiais do sistema penal, especialmente nessas situações de bagatela (o que seria “crime” para muitos transforma-se em simples “descuido” para poucos nessas horas).

Alguns poderiam imaginar que o relato é meramente ficcional ou exagero de linguagem. Infelizmente, no entanto, este é o fiel retrato do modelo de “justiça” (??) criminal brasileira. Aos que duvidam, fica o convite para em 2016 conhecer as entranhas do sistema. As testemunhas desse drama (porque é disso que se trata mesmo) são, em geral, a população pobre, analfabeta e negra; povo que conhece de perto o Estado (apenas) penal!

Registre-se, em tempo, uma importante advertência diante de leituras apressadas dessa realidade nacional. A denúncia a respeito da seletividade criminalizadora não pode servir de convite à “esquerda punitiva” (Maria Lúcia Karam) tampouco como nota de apoio ao autoritarismo de ocasião travestido em “discurso de bem”.

Deveras, escolher a exceção para criar um cenário particular de jogo na tentativa sedutora de “vender” ou anunciar uma regra inexistente de igualdade para o sistema punitivo não convence mais; apenas evidencia o reforço do abuso de poder. Aliás, parafraseando Mujica e pedindo desculpas de maneira antecipada pelos riscos de um “sincericídio grosseiro”, diria: não me encha a paciência com essa mentalidade reacionária!

O fato é que a seletividade constitui “a função real e a lógica estrutural de funcionamento do sistema penal, comum às sociedades capitalistas patriarcais”, nas palavras de Vera Andrade. E, mais, “nada simboliza melhor a seletividade do que a clientela da prisão”[2].

Logo, ainda que as festas acabem e o ano mude, a seletividade penal restará como sempre. Aquela esperança de renovação, própria desse entre ceias, infelizmente não encontra lugar no sistema criminal nem ao som de Simone com seu “bom Natal, e um Ano-Novo também”.

 

Fonte: ConJur

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  115. I’ll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)

  116. The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.

  117. Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

  118. Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

  119. Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

  120. Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

  121. The Zune concentrates on being a Portable Media Player. Not a web browser. Not a game machine. Maybe in the future it’ll do even better in those areas, but for now it’s a fantastic way to organize and listen to your music and videos, and is without peer in that regard. The iPod’s strengths are its web browsing and apps. If those sound more compelling, perhaps it is your best choice.

  122. Its like you learn my mind! You seem to grasp a lot approximately this, such as you wrote the ebook in it or something. I think that you could do with some percent to force the message home a little bit, however other than that, this is excellent blog. A great read. I’ll certainly be back.

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