“E se eu não existo, por que cobras de mim?”: a dupla marginalidade das pessoas privadas de liberdade sem documentação civil no estado do Rio de Janeiro

• Ano de defesa: 2020
• Autor(a) principal: Chahaira, Letícia Valverde
• Outros Autores: [e-mail]
• Orientador(a): Sader, Emir Simão
• Banca de defesa: Brasileiro, Tula Vieira , Frigotto, Gaudencio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade do Estado do Rio de Janeiro
• Programa de Pós-Graduação: Programa de Pós-Graduação em Políticas Públicas e Formação Humana
• Departamento: Centro de Educação e Humanidades
• País: Brasil
• Palavras-chave em Português: Política pública; Registro civil; Prisão; Sub-registro civil de nascimento; Sistema prisional; Documentação civil
• Palavras-chave em Inglês: Under-registration of birth; Prison system; Civil documentation
• Área do conhecimento CNPq: CIENCIAS HUMANAS::CIENCIA POLITICA::POLITICAS PUBLICAS
• Link de acesso: http://www.bdtd.uerj.br/handle/1/17228

With the present work we intend to make visible the reality of a subgroup of people who survive without any civil documentation, and who, despite never having been recognized by the “Social State”, which is omitted in guaranteeing rights due to the absence of this link formal (the first marginality suffered), were seen by the “penal state”, present with its punitive apparatus, when condemned and deprived of liberty (double marginality). To this end, we list absences suffered by under-registered outside and inside the prison system of the state of Rio de Janeiro. In this study, we elucidate the paradox, the complexity of the documentation and the serious violation of the Brazilian State, towards that same profile of the population historically treated as a suspect and not as a subject of law. In order to briefly analyze aspects of the birth of identification in Brazil, we point out its police character with the criminal and tax records (such as the CPF, a fact that can denounce defaults and keep the “citizen” away from enjoying his citizenship) and its use. as a bargaining chip for electoral purposes. In parallel, we point out a comparison between the slaves and the undocumented group, in order to raise the similarity of their objectification under the civil code and validation as a person only before the penal code. An analogy with the so-called “Penal de Morte Civil”, applied until the 18th century in Europe, and an allusion to the song “Meu Guri” were constructed, in the sense of portraying the historical reproduction of such a condition of destitution. For the analysis, we used statistical data from the prison system, interviews with people deprived of their liberty and requesting civil documentation, process analysis, participation of the TJ-RJ Prison System Working Group, observation of videoconference in an audience in which the sub-registered prisoner was applicant for his / her civil identification, journalistic articles on the theme, legislation pertinent to the clipping of the researched object, together with the musical appreciation, of documentaries and feature films that dialogue with the problem, in order to expand and streamline the approach. In an articulation with authors in the field of critical criminology, the ingrained Brazilian slave heritage was confirmed, and its perpetuation in different ways, in the crisis of the “Providence State” and the eruption of the “Penal State”, which perpetuate prison institutions as managers of poverty. The contradictions of the documentation, servile as a control apparatus, while functioning as a passport that makes citizenship viable, are highlighted. We conclude by pointing out the need to elaborate and build a structured public policy in favor of the problem, when we indicate, as a consequence of this lack, the difficulties and obstacles to take action by social actors inserted in institutions participating in the studied process, in order to respond to urgent demand for the topic in professional practice, in dealing with said Brazilian citizens and in the struggle to guarantee their respective rights.