THE JUDGES' DECISION MAKING: HOW DO CRIMINALIZATION PROCESSES ACT ON THE SUBJECTIVITY OF BRAZILIAN JUDGES TO PRODUCE MASS INCARCERATION?

• Grant number: 22/16754-3
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: October 01, 2023
• End date: July 31, 2024
• Field of knowledge: Interdisciplinary Subjects
• Principal Investigator: Mauricio Stegemann Dieter
• Grantee: Maria Eduarda Braga Ribeiro
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

After the Second World War, there was a global trend of decreasing incarceration rates due to the realization that prisons were inefficient to fulfill the declared functions of the sentence. However, at the end of the 20th century, there was a drastic change of direction, in which incarceration rates rose exponentially again, combined with the selectivity of incarcerated groups and the reoccupation of the prison at the center of political decisions. In view of this, in addition to the study of the causes of the punitive turn, the objective of this research is to understand how the criminalization processes act on the subjectivity of Brazilian magistrates to produce mass incarceration. The methodology is based on literature review, for objective understanding of the object, and interviews, for subjective understanding. Regarding the conduction of interviews, the objective will be to map the beliefs that motivate the condemnatory judicial decisions. Clinical psychology tools will be used for this, such as the Dysfunctional Thought Record and the Descending Arrow, as well as simple questionnaires about the interviewees' personal information. After data collection, firstly, a clinical/therapeutic analysis will be carried out on the information obtained in order to be able to discriminate them in the form of "automatic thoughts, emotions, core and intermediate beliefs". Afterwards, an analysis of the data will be carried out in the light of a consolidated bibliographic reference in criminology and social sciences. Finally, the conclusions will be published through a scientific article.