Ausência de seleção penal dos crimes de colarinho branco no direito penal brasileiro: aspectos criminológicos

Abstract

This monograph analyzes the absence of criminal selection regarding white-collar crimes in Brazilian criminal law, focusing on criminological aspects related to unequal treatment in criminal justice. Initially, it discusses the historical perspective and the emergence of the white-collar crime concept, highlighting the pioneering work of Edwin Hardin Sutherland, who emphasized the need to study and punish offenses committed by the more affluent classes, traditionally overlooked by state authorities. The study explores the definition of white-collar crime, examining its essential elements: the significance of the offender's social position, the professional context linked to the offense, and the breach of trust placed by society or institutions. Additionally, academic controversies and criticisms surrounding this definition are addressed, presenting alternative proposals aimed at overcoming conceptual ambiguities. Subsequently, the analysis addresses inequality within the Brazilian criminal justice system, distinguishing between formal and substantive equality, based on criminological theories of consensus and conflict societies. The analysis further details criminal selectivity, explaining the mechanisms of primary criminalization, involving the drafting of criminal statutes with overly broad and disproportionate definitions, and secondary criminalization, characterized by the discretion exercised by authorities when enforcing these norms in practice