O Exame criminológico na progressão penal: quando a norma não é a lei (apesar da lei): uma obsessão corretiva sob um disfarce técnico-científico

Abstract

Since 2003 the law abolished the requirement of criminological examination for criminal progression. But “doctrine” and jurisprudence, majoritarian , are admitting the exam. Why not just check the conduct of the criminal? - as required by law. After all, what one wants? The impossible “(...) finding personal conditions which take to presume that (...) he will not perform crimes”? (article 83, single paragraph of the Criminal Code). Result of a racial-biological determinism, historically constructed and originally founded on the idea of the “born criminal”, this dominant perspective highlights the “reprovable” features for the criminal, marking it, justify the need for “rehabilitation”, “reeducation”, and so on. This false pretension humanitarian hides a corrective obsession, fixed in criminal personality, under “technical-scientific” disguises, occult serious constitutional violations. Not limited to the conduct of criminal, but focuses on his person intending to “prophesy” your future from your antecedent, your interiority, etc. Here, law, technics, science, morality and subjectivity are conjugated to legitimize the (il)legality.