Banca de DEFESA: Fernando Nascimento dos Santos

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Fernando Nascimento dos Santos
DATE: 07/12/2023
TIME: 10:00
LOCAL: AUDITÓRIO CEAM/Unb - Pavilhão Multiuso, 1, Bloco A, 1º Andar, Sala A1 72/5
TITLE:
JUDICIAL TRUTH REGIME OVER BLACK BODIES

KEY WORDS:
Human rights; racism; judicial truth ; truth regimes; raciality dispositif; whiteness of power; whiteness veil; power coloniality; access to justice; racialized truth regime.

PAGES: 485
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:
This thesis investigates how truth regimes are constituted and operate on Black bodies, regardless of their diverse positions within judicial veridiction practices. It begins with two observations: the Black body as an exception to the concrete application of Human Rights, leading to its dehumanization, and the recognition that Black bodies receive differential treatment when facing the doors of courts of justice, reminiscent of the treatment experienced by the Black majority during slavery. This debate is further deepened by examining the logics of evidence production or truth regimes, a topic present in various branches of the law, particularly in Foucauldian thought. The central hypothesis of this research is that racialized truth regimes about Black bodies reactualize the coloniality of law and justice systems. The initial chapters will introduce the fundamental conceptual categories for the progression of the research. To do so, the primary Foucauldian categories will be articulated, namely: the power-knowledge relationship, discourse, subjectivity, “dispositif” and truth regimes/truth games. These concepts will be revisited from the perspective of racial studies, with emphasis on Sueli Carneiro, who incorporated racial issues into the analytical field of the concepts of “dispositif” and biopower, presenting the "raciality dispositif." This critical-racial perspective continues in the third chapter, which situates the whiteness of power within the context of judicial truth regimes. In the fourth chapter, the judicial truth regime is examined critically in contrast to the dogmatic-formalistic tradition. Then, the specificities of the discursive practice of jurists will be presented, such as the referential frameworks for the production of judicial truth and the conditions of possibilities for true saying in the legal field. Building on the general notions and the understanding of the role of dogmatics in the racialization of truth regimes, the fifth chapter discusses the emergence of anti-slavery symbolic legislation, the characteristics of the Judiciary in the nineteenth century, and the operation of convenience justice in the judgment of Black bodies. It addresses the dilemmas surrounding proof of freedom in lawsuit brought by the "Black plaintiff" in civil actions for freedom and slavery and the "Black victim" in actions for crimes reducing a free person to slavery. It also explores the "Black defendant" in criminal actions committed by enslaved individuals, characterized as "Exceptional Criminal Law." Finally, the last chapter delves into how, despite the theoretical refinement of dogmatic jurists regarding judicial truth, evidence production, and reference points that would ensure a "fair" trial, judicial practices reactualize the coloniality of law and justice systems. To understand the features of this raciality, the "Black defendant" will be analyzed from the perspective of racial selectivity. The final part of this chapter is dedicated to presenting the results of exploratory research and case studies of judicial practices in the Federal District about judgment of Black bodies.

COMMITTEE MEMBERS:
Externo à Instituição - ULISSES PEREIRA TERTO NETO
Externo ao Programa - 1863338 - EVANDRO CHARLES PIZA DUARTE - nullExterno à Instituição - MARCOS VINÍCIUS LUSTOSA QUEIROZ - IDP
Interno - 321346 - MENELICK DE CARVALHO NETTO
Interna - 1821597 - VANESSA MARIA DE CASTRO
Notícia cadastrada em: 14/11/2023 14:26
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