Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

Law and Race define morning of debates at the Public Defender's Office of Rio de Janeiro

22 from March by 2018

The auditorium of the School of Public Defender Foundation - RJ received, this Thursday morning, the first stage of the First National Day on Institutional Racism and Justice System. The event opened with a video show in which Mother Beata de Iemanjá calls for the union of the black people and their partners, followed by a tribute to Marielle Franco, city councilor of Rio de Janeiro, whose fight against police violence, the extermination of black youth and in favor of black slum women inspired the ensuing lines.

In an inaugural speech, moved by the strong brand of these emblematic women, Lucia Xavier, coordinator of the NGO Criola, stressed that the Journey was built in honor of them. As Mother Beata indicated, Lucia pointed out that debating institutional racism in the justice system requires holding hands in order to envision the best way to confront racism and that, in order to do so, partners and patience are needed to achieve transformation. And no one has been more patient than the black movement, despite all the violence suffered.


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As partners were called Allyne Andrade, IBCCRIM, Élida Lauris, Justice Forum, Letícia Osório, Ford Foundation and Rodrigo Pacheco, Deputy General Defender of Rio de Janeiro, who occupied the brief greeting table, which reported that this day was giving following the previous mobilization that began with the Workshop on Institutional Racism in the Justice System, held at IBCCRIM headquarters in 2017. Allyne commented, with reference to the murder of Marielle, which is part of the black people's genocide strategy, the erasure of their memory. The narrative dispute over this memory conditions the forms of struggle. Therefore, it is important to rescue those who wrote and thought before, in order to mark the continuity of the process of affirmation of thought and its trajectory.

“We are used to mourning our dead alone, and it is not trivial that Marielle's death had repercussions throughout society. Mobilizing beyond ourselves is important and whiteness being in mourning is a moment for her to reflect on why she hasn't cried before, ”Allyne stressed.

Élida Lauris, articulator of the Justice Forum highlighted the protagonism and the strength of women in the construction of the event. He questioned whether the justice system is capable of overcoming this grief process, and he said no, because it has never helped to overcome the trauma of racism in our society. According to Élida, the event is to discuss this: the privilege of whiteness, following a work that the FJ has done alongside Criola, IBCCRIM and Public Defender, with support from the Ford Foundation. In institutional speech, Deputy General Defender Rodrigo Pacheco stressed the relevance of the theme to his self-criticism of the Defender as an institution that also contributes to racism and to point out how it can build mechanisms for its overcoming.

“Institutions do not see themselves as reproducing racism”, said Rodrigo Pacheco.

Letícia Osório, representative of the Ford Foundation, spoke about the role of this unprecedented partnership between the Foundation and the Justice and Public Defender's Forum in advancing evaluations and ensuring practices to combat racism and discrimination in the justice system.

Before starting the table, Lucia Xavier also brought two points of clarification: i) it is a meeting of different generations that are articulated to combat racism; ii) this is not an event for dealing with interpersonal racism, but one that is inherent in discriminatory institutional practices that also produce wealth and power. With these punctuated elements, the first table was called.

Table I: Institutional Racism in the Justice System

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The first speech was from UFPR professor Dora Bertulio, who proposed a reflection on how the state is one of the preferential references in the formation of our collective unconscious about the perception of different populations. As he teaches, the justice system is permeated with fantastic principles, except that it does not refer to race relations and racism, which removes these relations from the area of ​​knowledge production. Even the social criticism that has been made of neutral law has not been able to point out its racial boundaries. In this sense, the discussion about affirmative action was the first opportunity to bring racial issues to the public debate in Brazil.

It dates back to the formation of the modern legal tradition, to authors such as Rousseau and Montesquieu. This tradition, while at the same time holding revolutionary ideals of freedom and democracy, expressed its racism, so that racial conflicts were left out of this process, which mirrors the formation of jurists' collective unconscious, being reproduced in social and social practice. professional. The same is true of seminal national jurists, such as Rui Barbosa, who reproduced the stereotype of being apathetic (black and indigenous) populations that did not contribute to national development. Buarque de Holanda and Oliveira Viana are other examples. This is the scenario that will reflect on current justice policies and anti-crime policies.

The impact of this ideology can be felt by the fact that an entire power of the republic, the judiciary, goes through law schools. From there also come all the legal advisors who work in the Executive and Legislative. It is therefore necessary to have an advocacy strategy in the training of lawyers.

“All the laws against racism had as an obstacle the formation of these professionals”, denounced Dora Bertulio.

Thula Pires, professor at PUC-Rio, understands that there is an absolute incommensurability and no conversation between the inhabitant of the zone of being and the zone of non-being. He invited those present to understand that the law constitutes the creation of the zone of being for the zone of being as opposed to the zone of nonbeing, in which there are bodies that do not integrate the conceptions of the categories of law.

“The notion of the subject of law, which defines the rule of law, inhabits the zone of being. It is no coincidence that the law only applies to this zone. Constitutional norms have applicability to whom they were intended and, in these terms, they are endowed with effectiveness. To say that it has no applicability to us does not mean that there is a departure from the norm. On the contrary, it fulfills its destination in the most perfect way. No matter if there is expert evidence, Rafael Braga will be arrested. Never mind that there is a collective HC in favor of imprisoned mothers, black women will remain in prison. It does not matter what the intention is, to humiliate or to feel entitled to save someone. What matters is the effects, which fall disproportionately on us. Legality is manipulated to generate effectiveness in the zone of being and to generate violence in the zone of nonbeing. The zone of being is very little used to thinking about its effects on the zone of not being. Law schools, as Dora said, have a secular responsibility for this process because they have provided the scientific and rationale for the coloniality program in Brazil. ”

In contrast, he argues that the project of politics and state of black and traditional peoples are experiences of dignity and friendliness for everyone, but the institutionality puts these peoples under permanent violence. The choice of coexistence, given by the zone of nonbeing, is a conscious choice that is placed in their political projects. But it may no longer be your choice because the people are tired. Finally, it argues that the right must be open to be built from those who are in the zone of nonbeing.

Ana Míria, doctoral student at UFF suggests the construction of an ethical subject beyond the subject of law and, for this, argues that it is no longer possible to think about justice in a modern way without raising the racial theme.

“Not talking about racism in institutions today is unworthy from an intellectual point of view. When I see the removals, I can't help but remember the Land Law. When I see the criminalization of drugs and funk, I see the criminalization of rag and capoeira. When I see the criminalization of abortion, I see the objectification of black bodies. ”

For her, the criminalization of racism does not make Brazil a less racist country. Brazilian racism has peculiarities that must be taken into account to think about institutional racism. In this sense, he pointed out some questions on the theme: 1 - What represents access to justice for the black population today? For

Ana Míria Carinhanha and Caroline Pires, PhD students at UFF and researchers on racial issues.

Ana Míria Carinhanha and Caroline Pires, PhD students at UFF and researchers on racial issues.

To answer this question, she puts the need to talk about the representativeness of blacks in justice and politics.

“I keep thinking about people who fail to access justice because they don't believe that space is for them”.

2- As for those who access, what is the treatment they receive and what is the quality of access? 3- Why do we think of law as a space that “foracludes” politics? According to Ana, racism today in Brazil is not even discussed in power institutions.

Finally, he argued that the omissions of legal institutions leads to the requirement to know their policies to combat racism, since this omission produces results and the Brazilian racism is latently produced.

Caroline Pires, PhD student at UFF, has been studying the removals of Rio's favelas since 2010, prompted by her experience as an intern at the Public Defender's Land Nucleus, when she realized that most of the people who asked for help at the institution were black women. . From then on, she sought material that highlighted racism and gender discrimination in removals. In this research, his first surprise was to see that, in the IBGE Census, the favela is declared as a “subnormal” space.

"It's the zone of not being, as Thula said."

In seeking the racial profile of Rio's favela residents, he found that more than 1 million and 600 thousand people are black, twice the white population. This gives the dimension of how removal policy affects the black population. Narrated 3 peaks of removals: post-abolition and removal of tenements, with the formation of slums, defined by Pereira Passos' sanitation policy, ii) dictatorship and performance of the Lacerda government, with removals to distant housing estates, such as the removal of the Favela the Skeleton for the construction of UERJ; iii) mega sports events (Pan, Cup and Olympics), with the frame of real estate speculation.

“Eduardo Paes removed more people than Pereira Passos and Lacerda together. We are going to the fourth wave of removal, which will surpass the previous government in number of people removed. It is a policy that has always affected the black population and especially women. ”

He pointed out the harmful consequences of these policies: travel to faraway places, more time on public transport, loss of community support network, health problems in people being removed (heart attack, increased pressure, mental health problems) and even difficulty attending resistance mobilization meetings.

“The risk area argument is overused to justify removal. But we have already seen several unrealistic reports, with zero-day deadlines for leaving the site, when there is no time for the community to get organized. We saw a report made via satellite from Google, without any trip to the site. In Estradinha, when the real terrain study was done, the only place with laughter was the place where the UPP was installed, with small areas that required containment works, which are much cheaper than removal. ”

At the end of the table, there was the intervention of indigenous and black women who commented on the speeches from concrete experiences of violation of rights in their lives. The debate continued in the afternoon with the continuation of the programming.

Check out the photos from the first day: please click here

Access the video: cclick here