UMA UMA ANÁLISE DECOLONIAL DO PROCESSO PENAL BRASILEIRO: O QUE A JUSTIÇA NEGOCIAL PREVISTA NO PROJETO DE LEI Nº 4.524/2019 PODE REPRESENTAR EM NOSSO CENÁRIO TROPICAL PERIFÉRICO

Abstract

The work proposes to analyze Bill no. 4.524/2019, which authorizes the Public Prosecutor's Office and the accused to bargain over the execution of a custodial sentence. The research problem that arises is: considering the officially declared reasons that underlie the insertion of such negotiating institutes in the last decade, the bargaining over the time to serve a custodial sentence, as brought by Bill no. 4.524/2019, from a decolonial perspective, does it potentially represent a legislative setback? The work is based on documentary and bibliographic data, has an eminently critical-descriptive character, based on deductive methodology, and has as a theoretical framework works that deal with Latin American colonization, and its current consequences, such as those by Aníbal Quijano , Raimundo Faoro, Frantz Fanon, among others. It concludes that the Brazilian incorporation of the bargain over the custodial sentence provided for in Bill no. 4.524/2019 occurs improperly in the Brazilian legal system, not projecting the criminal justice system towards a decriminalizing and decolonial horizon. On the contrary, in a historical-colonial and racist scenario, the aforementioned legislative proposal will promote a mere prison administration of vulnerable people, enhancing the punitive scenario through the failed Brazilian penitentiary system. As an alien institute disconnected from tropical reality, it will potentially become an instrument to the detriment of fundamental rights and guarantees, given the already established harmful situation of a highly authoritarian, punitive and unequal criminal justice system.