Criminal selectivity and control agents in the primary and secondary criminalization process

the absence of isonomy of the criminal “clientele”

Abstract

The present work aims to analyze the criminalization processes in Brazil, identifying possible factors that impact on a fair and adequate application of criminal law in an egalitarian way towards all those who incur in the practice of criminal offenses. In this way, the primary and secondary criminalization processes are brought to the discussion as a way of embodying this article. The problem that drives the research is: Is formal and material equality, constitutionally foreseen, ensured and observed in the penal system at the moments of primary and secondary criminalization? The main hypothesis of the work is: when considering social inequality in Brazil, this influence negatively on the fulfillment of the principle of equality. The methodology of the work was of an explanatory research, of a qualitative nature, whose object of study was given by intentional sampling or by judgment, the collection took place through bibliographic review and the data analysis was through content analysis. Among the results found, it was confirmed that the penal system has a preferential "customer" due to economic factors so that there is no expected respect for equality when applying the criminal law.