Abstract
This paper exposes how colonial ways of knowing and being shape judicial behaviour in Brazil, where pre-trial detention is excessively used against racialised groups. I argue that judges continue to conceptualise and operationalise justice according to colonial logics and thus reveal the coloniality of justice. Drawing on decolonial theory from across South America and from interviews and court observations in Rio de Janeiro, I reveal how judges understand themselves as heroic crime fighters, acting beyond the law in a modern moral crusade. I examine how violence remains a central component of justice and consider how judges deal with the contradiction of neutrality and aggression. I argue that judges, by endorsing or tolerating violence, become agents of coloniality.
| Original language | English |
|---|---|
| Pages (from-to) | 1045-1062 |
| Number of pages | 18 |
| Journal | British Journal of Criminology |
| Volume | 64 |
| Issue number | 5 |
| Early online date | 6 Mar 2024 |
| DOIs | |
| Publication status | Published - 1 Sept 2024 |
Acknowledgements
I am deeply grateful to the interviewees who generously shared their experiences and insights with me but whom I cannot name to protect their anonymity. Gaining access to courts and judges is complex, and I am indebted to Cristiana Cordeiro, Maria Lucia Karam, Michael Freitas Mohallem and Marcelo Semer for their support. I also want to sincerely thank Sacha Darke, Kate Gooch, Pete Manning, Sarah Moore, Jack Spicer, and two anonymous reviewers for engaging with my work at various stages and providing constructive feedback and advice.Keywords
- brazil
- coloniality
- decoloniality
- judicial decision making
- pre-trial detention
ASJC Scopus subject areas
- Pathology and Forensic Medicine
- Social Psychology
- Arts and Humanities (miscellaneous)
- Law
