Recidivism factory: production and management of criminal records in Bahia and São Paulo

• Grant number: 24/23053-7
• Support Opportunities: Scholarships in Brazil - Doctorate
• Start date: May 01, 2025
• End date: April 30, 2029
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Maira Rocha Machado
• Grantee: Natalia Santana dos Santos
• Host Institution: Escola de Direito de São Paulo. Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil

Abstract

This research project proposes a comparative study on the production, management and sharing of files that record individuals' previous experiences with the criminal justice system in the states of São Paulo and Bahia. The general objective is to critically analyze the practices of production and management of criminal records, with emphasis on the activities carried out by the Civil Police, identification institutes and Courts of Justice, seeking to understand how these practices influence the treatment of individuals in the criminal justice system and how they contribute to the perpetuation of the cycle of punishment. The research focuses on the opacity of the processes related to the management of this information by the State, and seeks to observe how different institutions and professionals operate in the construction and maintenance of criminal records that directly impact procedural decisions. The specific objectives include: (1) mapping the institutional practices of production, registration and archiving of criminal records in the two states; (2) analyzing the mechanisms of management and access to this information, identifying the data flows between different agencies and the security and control policies; (3) examine how criminal records influence procedural decisions, including preventive detention orders and the granting of benefits; (4) conduct a review of national and international literature on the production and effects of criminal records, contextualizing local practices of documentary production; and (5) compare records management practices in the states of São Paulo and Bahia, identifying similarities, differences, and specific challenges. The methodology adopted is inspired by documentary ethnography, an approach that combines several data sources and collection methods to provide an in-depth analysis of documentary and institutional practices and mobilization of such records. The comparative analysis between the states of São Paulo and Bahia is justified by the diversity of socioeconomic contexts and the specificities of the public security policies adopted in each state. This comparison will allow identifying similarities and differences in document management practices, offering insights for more effective and inclusive public policies. In addition, the research will seek to understand the influence of documentary practices in perpetuating the punitive cycle and how these practices affect the rights of individuals involved in the criminal justice system.