CONSIDERA ES MARGINAIS ACERCA DA (I)RACIONALIDADE DA CRIMINALIZA O NA SOCIEDADE BRASILEIRA

This paper pretends to discuss some aspects of differential treatment that occurs in the incidence of secondary criminalization and punitive powers imposed by the State. Based on studies of Marcelo Neves and Eugenio Zaffaroni this work focus on some considerations about the consequences of these relations in the incidence of secondary criminalization. The central argument is that the formation of two portions of society – one of them called “underintegrated” that is the main “clients” of the criminal justice system and another portion considered “overintegrated” – and both collaborate to create spaces where we have the denial of fundamental rights, and criminal differentiated treatments.Taking as reference the Brazilian reality, perceives the need to overcome the “overintegration” and “underintegration” in the relationships, something that requires a confrontation of paradox formed by the simultaneous presence of legalism and impunity, and pursue the generalization of citizenship to all segments of society to build a public space of legality and constitutionality.