Poder punitivo e regimes penais diferenciados: do controle penal da dissidência à criação da Política de Alas LGBTQIAPN+ nos presídios brasileiros

Abstract

This research aims to investigate how the policy of LGBTQIAPN+ Wards in Brazilian prisons is not entirely unprecedented but represents the reproduction of the dichotomy between the declared and real functions of the penal system. Methodologically, the study prioritizes a bibliographic review and documentary research. Based on contributions from Critical Criminology and gender and sexuality studies, it seeks to recover how criminological thought has addressed — or explicitly failed to address — punitive power over dissident bodies. Furthermore, it demonstrates how the correspondence between predominant criminological thought and demands for order since the colonization process resulted in specific punitive practices against dissident bodies in Brazil, which eventually met resistance from the emerging LGBTQIAPN+ movement. Finally, the study presents the relationship between the expansion of the penal system under neoliberalism and the production of a discourse of generalized fear, and how this mobilized demands for protection through the penal system by various actors, including the LGBTQIAPN+ movement. It concludes that, based on the logic of "segregating to protect," the Ward Policy is linked to the reproduction of the underground penal system through the articulation of interpersonal, symbolic, and institutional violence.