O ETIQUETAMENTO SOCIAL NO DIREITO PENAL E OS LIMITES CONSTITUCIONAIS: UMA ANÁLISE JURÍDICO-SOCIAL À LUZ DOS DIREITOS FUNDAMENTAIS

Abstract

This scientific article analyzes the effects of labelling approach in Brazilian Criminal Law in light of the fundamental rights guaranteed by the 1988 Federal Constitution. The study is based on the understanding that labeling, also known as labeling theory, constitutes a mechanism of social control that contributes to the stigmatization and exclusion of historically marginalized groups, especially the Black and poor population. The research, of a qualitative and bibliographic nature, is grounded in authors such as Howard Becker, Alessandro Baratta, Silvio Almeida, and Michel Foucault, seeking to understand how structural racism and criminal selectivity intertwine in the reproduction of inequalities. The paper demonstrates that the Brazilian criminal justice system still reflects discriminatory practices that violate the constitutional principles of equality, human dignity, and due process of law. It is concluded that there is a need to rethink the current penal model, strengthening public policies and institutional control mechanisms that promote the effectiveness of fundamental rights and the overcoming of the labeling model.