The Color of the Criminal Execution
Process: Structural racism, unconstitutionality, and the suppression of
temporary release
Name: GABRIEL MERIGUETI DE SOUZA BATISTA
Publication date: 27/05/2026
Examining board:
Name |
Role |
|---|---|
| GEOVANY CARDOSO JEVEAUX | Examinador Interno |
| PEDRO DE OLIVEIRA ALVES | Examinador Externo |
| RICARDO GUEIROS BERNARDES DIAS | Presidente |
Summary: This dissertation analyzes Brazilian criminal policy and the restrictions on temporary
releases imposed by Law No. 14,843/2024. The object is linked to the PPGDIR/UFES by
investigating the conformity of the criminal execution process with judicial review and the
Unconstitutional State of Affairs, based on the lessons of Gilmar Mendes, Paulo Gonet
Branco, Luís Roberto Barroso, Geovany Jeveaux, and Flávia Piovesan. It stems from the
problem of how penal populism and the adherence of the so-called punitive left,
denounced by Zaffaroni, Salo de Carvalho, Maria Lúcia Karam, and Clécio Lemos, drive
reforms that marginalize the Black and peripheral population. The objective was to
demonstrate that the suppression of the institute, whose dogmatic outlines are guided by
Rodrigo Roig, Renato Marcão, and Guilherme de Souza Nucci, operates as an instrument
of structural racism and breaks with the progressive sentencing system. The theoretical
contribution used critical criminology and racism in its institutional and structural
dimensions, in dialogue with Abdias do Nascimento, Silvio Almeida, Ana Luiza Flauzina,
Sueli Carneiro, and Anani Dzidzienyo. For the research, normative sources and statistical
data from the CNJ, SENAPPEN, SEJUS/ES, and the Brazilian Public Security Forum were
collected. It was concluded that these legislative modifications, unsupported by empirical
evidence, render the racist structure of society invisible and ratify criminal selectivity,
evidencing that the criminal justice system punishes the individual for racial stigmas under
the false premise of the neutrality of Law.
