25 YEARS OF THE REBELLION OF THE CARANDIRU: A CRITICAL ANALYSIS OF THE "RIGHT OF THE OPPRESSED" OF BOAVENTUARA DE SOUSA SANTOS

Abstract

The existing prison reality in the Carandiru in the decade of 90 is still the same found in Brazilian penitentiaries these days. It is noted that parallel groups exert social control through the development of a "right of the oppressed", the expression used by Bonaventure de Sousa Santos to define the norms elaborated by the marginalised community, in situations where the state omits. It is aimed at conducting a critical analysis of the thought of Bonaventure, showing that the allocation of Juridicidade to the rules drawn up by minority groups, such as inmates, cannot guarantee the effect of fundamental rights, but the formation of "Legal ghettos." The research was given through bibliographical and documentary analysis, using the case study of the Carandiru Rebellion, followed by comparison with the current prison reality. In the face of the research developed, it was understood that the mere attribution of juridicidade to the rules of the "right of the oppressed" is not an effective means to undertake improvements in social practice and in that context it is urgent that the approximation of legal sociology with the right, as this It will facilitate the integration of minorities into the legal community by the approximation of state norms to social reality by the study of social fact, undertaking the emancipation of these individuals and enabling the effective modification of prison reality.