The Observer and positivist criminology

remarks on Lombroso's ideas and Brazilian punitive selectivity

Abstract

This scientific production aims to address the role played by Lombroso in the history of legal science, to analyze the impacts on society caused by his ideas, focusing on the Brazilian context, considering its scientific influences and the historical context, in view of its racist, eurocentric and pseudoscientific character. Lombrosian contemplation was very relevant not only to the Criminal Law of the time that originated it, but also to the cultural construction around the punitive system, the crime and those considered criminals, throughout the World West. Therefore, a parallel is drawn between this perspective and the current brazilian prison scenario, noting that the Lombrosian ideas, despite being recognized as outdated in its bio-anthropological aspect, its social bias reflect in reality, insofar as we see the strength of the retributive, excluding, taxing and stereotyped conception against the criminal, and mass incarceration, which is now defended as a functional and effective means of protecting society. Thus, it’s important to debate these issues, in the light of critical criminology and from the analysis of statistical data on the brazilian prison profile, in view of the marginalization and massive imprisonment of poor, black and mixed-race individuals with low education. For that, as chosen methodology, the structural-functionalist theoretical basis of Niklas Luhmann's "Observador" is used, associated with bibliographical analysis, having as main sources of research scientific articles, books, journalistic reports and survey of statistical data.