Carnio, Henrique Garbellini2024-10-282024-10-282024ANDRADE, Luciana Caixeta de. Ordem econômica e penalidade Neoliberal no Brasil: a centralidade da atuação do Poder Judiciário como superego na (re)produção das desigualdades socioeconômica e racial no sistema prisional. Goiânia (GO), 2022. 181 f Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2024http://repositorio.unialfa.com.br/handle/123456789/452This dissertation examined the role of the Judiciary in relation to the reproduction of socioeconomic and racial inequalities in the Brasilian prison system, considering the context of neoliberal governmentality and the constitutional economic order. The investigation focused on how neoliberal policies, combined with the instrumentalization of neoconstitutionalism, shape (or do not shape) penal control and perpetuate social exclusion, particularly through selective hyper-incarceration. The main objective is to analyze how the Judiciary acts as a superego in maintaining structural inequalities and to explore the selective application of legal norms in light of the neoliberal perspective. This study employed bibliographic and documentary research methods with a hypothetical-deductive approach and a descriptive perspective, consulting various sources: law, books, journals, scientific articles, doctoral theses, master’s dissertations, case laws, and official documents. Additionally, a theoretical discussion was conducted with an emphasis on the work of Michel Foucault, the main theoretical framework of this study (disciplinary society, biopolitics, biopower, neoliberal rationality, and neoliberal governmentality). The results indicated that the neoliberal model, adapted to the Brazilian context, reinforces socioeconomic and racial inequities within the Brazilian prison system. Historical analysis revealed the persistence of structural and institutional racism from slavery to current selective incarceration policies. The study showed that the Judiciary, acting as an agent of neoliberal governmentality, plays a central role in maintaining an atypical state of exception, which legitimizes institutional violence and weakens the democratic Constitutional State, with direct repercussions on the economic order. The conclusions suggested that neoliberal penalty in Brazil is a complex and multifaceted phenomenon, requiring structural reforms in the criminal justice system to promote more equitable and inclusive justice. Among the main recommendations were the training and awareness-raising of legal professionals, the reconfiguration of productivity goals by the National Council of Justice (CNJ), and the adoption of restorative justice practices. This work contributed to the understanding of the intersection between neoliberalism, neoconstitucionalism, and criminal justice, highlighting how the Judiciary can influence institutional practices that perpetuate inequalities within in Brazilian prison system and undermine the democratic Constitutional StateptConstituição EconômicaNeoliberalismoNeoconstitucionalismoDesigualdade socieconômica e racial