Linchamentos no Brasil: uma análise acerca da dupla falha do Estado quanto a jurisdição penal

Abstract

The present work aims to present a study about lynchings, as a social reaction of the population to the failures of the State regarding the provision of judicial protection. This is because Brazil, as a Democratic State under the rule of law, has jurisdiction, being the protection forbidden, especially in the criminal field, with rare exceptions, and guardian of a series of rights and guarantees, which an act of lynching matters in serious and serious violations. Despite the above, lynchings are almost everyday in Brazil, and reserve direct relationship as to the performance of the State. Before entering the direct analysis about the above mentioned points, this paper brings considerations about the role of the State as the judicial function and the evolution of penalties throughout history, as well as its function in Brazilian criminal law. Regarding lynchings, there is a historical analysis on the subject and the criminal treatment reserved to such acts according to Brazilian law. Finally, there is the analysis of cases of lynchings that occurred in Brazil from two perspectives: the failure of the State to provide judicial protection as a justification for lynchings, and the judicial protection of the State as to the agents responsible for lynchings as evidence of the idea of failure of the State as to the provision of judicial protection