The Impact of Pretrial Detention on Penal Selectivity and Mass Incarceration in Brazil

Abstract

This article examines the impact of pretrial detention on the exacerbation of penal selectivity and the phenomenon of mass incarceration in Brazil, focusing on its disproportionate effects on vulnerable populations, particularly Black individual sand those living in poverty. Using a qualitative approach, the study employs a bibliographic review and critical analysis of secondary data to understand how the use of pretrial detention reinforces the cycle of social and penal exclusion, highlighting the racist and unequal structure of Brazil's justice system. The paper provides a theoretical analysis of penal selectivity and mass incarceration, progressing to a critical discussion of the effects of pretrial detentionon perpetuating prison over crowdingand human rights violations. Furthermore, it reflects on the inadequacy of pretrial detention as a procedural tool and proposes legislative alternatives and public policies aimed at mitigating its impacts, such as the use falter native precautionary measures and prioritizing strategies that promote racial and socioeconomic equity in the criminal justice system. The study concludes that pretrial detention, rather than fulfilling its purpose of maintaining public order, reinforces punitive culture and structural exclusion, underscoring the urgent need for its reform and a reorientation of the criminal justice system.