Critica Penal y Poder https://revistes.ub.edu/index.php/CriticaPenalPoder <p><em>Crítica</em> <em>Penal y Poder (Penal Critique and Power, </em>hereafter<em> CPyP)</em> is an online journal compiling works aimed at studying from a critical and multidisciplinary perspective (criminal law, legal philosophy, political science, criminology, sociology, anthropology and history) the criminal phenomenon, the processes of criminalisation and punishment, their forms, institutions, discourses and power practices, in the broader dimension of political, economic and cultural domination.</p> Universitat de Barcelona es-ES Critica Penal y Poder 2014-3753 <p><strong>Copyright: </strong></p> <p>The author retains the rights of authorship and grants the journal the right of first publication.</p> <p>The articles will be published under a license of Creative Commons Attribution-NonCommercial-NoDerivs 4.0 <a href="http://creativecommons.org/licenses/by-nc-nd/3.0/es/" rel="license"><img style="border-width: 0;" src="http://i.creativecommons.org/l/by-nc-nd/3.0/es/80x15.png" alt="Llicència de Creative Commons" /></a> <a href="https://creativecommons.org/licenses/by-nc-nd/4.0/">Attribution-NonCommercial-NoDerivs 4.0 International</a> which will appear in each of them.</p> <p>The licence allows the work to be shared with third parties, provided that they acknowledge authorship, initial publication in this journal and the terms of the licence. No commercial use or derivative works may be created without the permission of the copyright holder.</p> <p>In the case that the article has already been published, the original rights will be respected and they will be mentioned in a footnote.</p> The role of the Permanent People’s Tribunal in the face of ecogenocide in Cerrado https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/46867 <p>This paper seeks to understand how the Permanent Peoples Tribunal, in its structure and organisation, articulates the notions of rights violations, vulnerabilities and justice, based on the subversion of the notion of victim (active), memory (which challenges history) and justice (concrete and symbolic). To do this, we start with case number 49, also known as the Permanent Peoples' Tribunal in Defence of the Cerrado Territories, which was conducted in 2021 and 2022 in Brazil. The theoretical framework is based on studies of the criminality of the powerful and environmental justice from a decolonial perspective. We also articulate the theoretical tools brought by Achille Mbembe and Judith Butler. The work is structured in three parts. In the first part, we look at the creation of the Permanent Peoples' Tribunal and describe the case of the Cerrado Tribunal. We then discuss the case from the point of view of the concept of necropolitics in order, finally, to bring notions of resistance into line with some of the postulates of transitional justice.</p> Rafaela Bogado Melchiors Karine Agatha França Marília De Nardin Budó Copyright (c) 2024 Rafaela Bogado Melchiors, Karine Agatha França, Marília De Nardin Budó https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.46867 Postcolonialism and Racial Selectivity in the Brazilian Punitive System: A Criminological Analysis of the Mass Incarceration Paradigm https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/47093 <p>Neoliberal rationality, characterized by profit-driven expansion and commodification, devalues human life. In Southern Neoliberal Economies, the Criminal Justice system serves as a mechanism of societal control, rooted in racial inequalities and manifested through social segregation, discrimination, and spatial separation. This article examines the dictates of the current prison crisis in Brazil, exploring its historical, social, economic, and racial foundations. Our analysis of the historical processes that led to this scenario, from colonization to the imperial period, Republic period and the two dictatorships, that marked the country. It concluded that the construction of punitive thought is a continuous process that permeates the entire formation of the nation-state. By aligning with various criminological theories, the study aims to propose new perspectives on the subject. Viewing the racial selectivity in Brazil's prison system through a post-colonial lens reveals enduring inequalities and injustices. Ultimately, this study seeks to deepen understanding of the structural dynamics perpetuating the prison crisis in Brazil.</p> Siddharth Bora Copyright (c) 2024 Siddharth Bora https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.47093 Lobbying in the draft law on fake news https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/45302 <p>The fake news bill's progress through Congress has been controversial, leading to an intense debate on social media about the bill's enactment. The main objective of this paper is to understand how lobbying occurred in this bill and what its consequences were, focusing the analysis on news published in the press. As an initial hypothesis, knowing the weight of the campaigns run by the big techs, coupled with the wide coverage of the national press on the subject, it is possible to see that Bill 2.630/2020 has been undergoing restrictive modifications and unjustified delays due to the strong lobbying practiced by these pressure groups. The method to be used in this work is the case study, while the research technique will be direct and indirect bibliography.</p> Chiavelli Facenda Falavigno Lucas Luciano Kuhn Copyright (c) 2024 Chiavelli Facenda Falavigno, Lucas Luciano Kuhn https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.45302 Testimony of a sociologist of imprisonment https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/46310 <p>A testimony is a selective representation of highly complex experiences. In this testimony I turn to the civilized imperial <em>mindset</em> also inculcated in schools and universities. I hope that this concept can help the understanding of how, even if unconsciously or against their will, teachers and schools give up independent thinking to fulfill the techno-scientific missions assigned to them by their profession.</p> <p>The most important question for a sociologist remains unanswered: what has forty years of professional experience taught my generation of sociology professors?</p> António Pedro Andrade Dores Copyright (c) 2024 António Pedro Andrade Dores https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.46310 Chronicle of a death foretold in Peruvian prisons: Inconmobility of the penal system in times of pandemic, from the perspective of the actors https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/47458 <p><em>Understanding the practices that make possible the existence of mass incarceration in Peru is a mandatory task to address, even more so when this habituation persists in the context of the COVID-19 pandemic. To this end, the author presents, from the point of view of the actors, an analysis of how the Peruvian penal system functions, through an evaluation of the measures that were issued to address the pandemic, the political game behind their creation and the difficulties and/or limitations that were generated for their implementation. The article is divided into three sections: the first shows the clinical picture of mass incarceration in Peru and the real characteristics of the Peruvian prison; the second aims at the analysis and evaluation of the management of the prison problem from a quantitative and qualitative perspective; and the third presents evidence of the immobility of the penal system in Peru.</em></p> Wendy Carolina Pérez Mercado Copyright (c) 2024 Wendy Carolina Pérez Mercado https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.47458 “For me, this is a disguised jail for minors" https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/46013 <p>This study draws from the findings of my master’s dissertation, presented in the Postgraduate Program in Law at the Federal University of Paraná. It examines the operation of internment at the Centro de Socioeducação Joana Miguel Richa, which, at the time of the research, was the only facility designed for the detention of adolescents of the female biological sex. The central research question seeks to uncover the perceptions of institutionalized adolescents regarding the implementation of the socio-educational measure of internment. Data collection was conducted through interviews using a semi-structured script, complemented by participant observation as an ethical and behavioral approach during the interviews, and Grounded Theory for data analysis. Fourteen teenagers, aged fourteen to twenty, self-identified as black, bisexual, and cisgender, participated in the study. Nine of them reside outside the institution’s city, and nine are prescribed thirty-eight medications daily. Their understanding of internment is based on “achievements,” which they perceive as the screen and the external, and believe that to obtain these, it is necessary to avoid receiving warnings. A notable finding was the lack of understanding among the adolescents about the pedagogical intent of internment, a concept heavily emphasized in institutional discourse and considered by theory as the primary goal of this measure. In criminology, a generational gap exists in the perception of adolescents; however, there are also parallels, such as the recognition that the formal social control exerted on these adolescents aims for correction, aligning with the principles of irregular situations and positivist criminology.</p> Patrícia Silveira da Silva Copyright (c) 2024 Patrícia Silveira da Silva https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.46013 Punitivism: Its Dimensions from a Psychological Perspective and Its Impact in Argentina https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/46687 <p>In its beginnings, punitivism was approached from a political-criminal perspective. In this context, a punitive demand from citizens is observed in response to the trend of more severe policies. In recent years, punitivism has focused on other areas of interest such as the media, sociology, and psychology. Despite having extensive academic literature, this construct presents scarce research in the psychological field. Therefore, the objective of this work was to investigate the relationship between punitive tendencies and motivations for punishment from a psychological perspective. To this end, the present work consists of a literature review, for which information from different repertoires was used, seeking a global view of punitivism; and then a focus on the Argentine context. In conclusion, extensive literature has been found on punitivism specialized in its origins, methodologies, and the relationship of sociodemographic factors in punitive tendencies. However, regarding the relationship between punitivism and psychological variables; victimization experiences, the media, and the need for cognitive closure, research on this topic tends to be scarce. Future research could relate the phenomenon of punitivism to psychological aspects, such as emotional and cognitive, generating novel knowledge for the Argentine territory</p> Marcelo Agustin Roca Ariana Espósito Santamaría Florencia Casella Nahuel Duhalde Copyright (c) 2024 Marcelo Agustin Roca, Ariana Espósito Santamaría, Florencia Casella, Nahuel Duhalde https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.46687 Editorial Note, Nº 27 (November 2024) https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/47870 <p>Editorial Note issue 27 (November 2024)</p> Iñaki Rivera Beiras Copyright (c) 2024 Iñaki Rivera Beiras https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.47870 Ana Messuti. In Memoriam https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/48039 Editorial Board via Nuevatribuna.es Copyright (c) 2024 Comite de redaccion a través de Nuevatribuna.es https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 10.1344/cpyp.2024.27.48039 Critical contributions and epistemological reflections from the formative experience in criminal law sociology https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/48334 María Belen Muñiz María José Masís Copyright (c) 2024 Belén Muñiz , María José Masís https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27 Experience and expectations of criminal-legal sociology. Account of two former students of the Master's Degree in Criminología, Política Criminal y Sociologia Jurídico-Penal https://revistes.ub.edu/index.php/CriticaPenalPoder/article/view/48337 Pablo Pinochet-Ábalos Quimey Martinez Magarzo Copyright (c) 2024 Pablo Pinochet-Ábalos, Quimey Martinez Magarzo https://creativecommons.org/licenses/by-nc-nd/4.0 2024-11-27 2024-11-27 27