Showing posts with label justice system. Show all posts
Showing posts with label justice system. Show all posts

Thursday, September 17, 2009

City of Walls: Summary Chapter 8. VIOLENCE, THE UNBOUNDED BODY, AND THE DISREGARD OF RIGHTS IN BRAZILIAN DEMOCRACY

The increase of violence during the process of democratization is by Caldeira seen as, what see calls “disjunctive”. Brazil is a political democracy, ‘the civil aspects of citizenship are continuously violated,’ as she expresses in the last chapter of the book. This chapter focuses on “the body,’ as Caldeira approaches this theme from the disrespect for human rights and the campaign for the introduction of death penalty.
The disrespect for human rights comes clear when we look at how the discussion about the rights of prisoners. A very common attitude is than to say that human rights is the same as giving rights to bandits, something that is really not done according to a lot of people. To give an impression of the way the media speaks about human rights, I give the example of the daily radio program of Afanasio Jazadji who is a popular radio star in São Paulo. In April 1984 , the day the National Congress decided to deny the population right to vote the president he said:

‘Some should take all those irredeemable prisoners, put them against the wall and fry them with a blow torch. Or instead throw a bomb in the middle of them: boom!, end of the problem. They have no family, they don’t have anything, they don’t have anything to worry about, they only think about doing evil, and why should we worry about them? …
Those bastards, they consume everything, millions and millions a month. Let us get this money and transform it into hospitals, nurseries, orphanages, asylums, and provide a respectable life for those who really deserve to have this dignity. Now, for those type of people … people? To treat them as people! We’re offending humankind!’
Comparable reactions are made regarding death penalty, and some of the ones Caldeira gives are rather shocking. However, we have to be careful not to judge Brazil as a whole on these populist statements, and we have to keep in mind the violence most people experienced themselves or on their relatives.
When it comes to punishment a lot of people think of ‘punishment as inflicting suffering of the body,’ as a form of ‘physical revenge,’ as Caldeira calls it. ‘The dominant discourse is that of private revenge, as system that uses pain and interventions on the body as a means of creating order.’ [So the problem with public space stands not on its own; it goes much broader in a much wider incline of the border between public and private. JvB]
Something very important Caldeira makes clear deals about child beating: ‘Unable to understand language, children nevertheless are clearly believed to understand pain. Since fear of pain generates obedience, provoking such fear is considered good pedagogy. The marking of the body by pain is perceived as a more forceful statement that mere words can make, and it should be used especially when language and rational arguments would not be understood. In general, the people I interviewed think that children, adolescents, and women are not totally rational (or not always rational), in same way that the poor and obviously, criminals are not. Towards such people the use of violence is necessary; it is a language anyone can understand, which has the power to enforce moral principles and correct social behavior. Pain is understood as a path to knowledge (especially moral knowledge) and reform. Violence is considered to be a language closer to truth.’

Body and rights

‘Clearly, the body is conceived of as the locus of punishment, justice, and example in Brazil. It is conseived by most as a proper site for authority to be asserted through the infliction of pain.’
Caldeira starts to speak about “the unbounded body,” which mean that it ‘has no clear barriers of separation or avoidance; it is a permeable body, open to intervention, on which manipulations by others are not considered problematic. On the other hand, the unbounded body is unprotected by individual rights.’ The main reason for the appearance of the unbounded body is the openly discredited judicial system.
Caldeira gives also different examples of unbounded body that are outside realm of violence. In the fist place the high percentages of cesarean births and sterilizations of women in Brazil. This is seen as a alternative way of birth control, and especially the poor use it. Another medical intervention is the plastic surgery that is very common among Brazilian women in order to become the stereotype Brazilian women. Nonmedical thing Caldeira mentions is the carnival, the ‘occasion for displaying the body and playing with transformations of the body. (…) During Carnival performances people expect to touch and be touched: it is considered in bad taste to repel such interventions because one is out there to play, and the mingling of bodies is the essence of the play. Not only is Carnival a realm for the merging of bodies, their manipulation, and display, but it is also one where the threat of violence and actual violence are always present.’
Having this said, Caldeira derives from Michel Foucault’s theories the standpoint the emerge of a liberal-democracy moves away from bodily punishment to the punishment of the mind. But the progressive abandonment come always simultaneously with a process of democratization. What appears is a “disjunctive democracy” where, as in Brazil’s case, we have very highly developed social rights [think for example about the social movements] but civil rights that are not protected. Important is the relation between the body and civic rights. ‘In Brazilian society, what dominates is the unbounded notion of the body and the individual.’
Caldeira ends the book with a few questions, one of them, maybe even the most important one, about the future of public space. ‘Is there a model that protects people’s bodies and enforces individual rights while maintaining the indeterminacy [Dutch: onbepaaldheid, JvB] of borders that constitutes the democratic public space.’ The task no is, according to Caldeira, to ‘find new ways to democratize public space, renegotiate borders, and respect civil rights.’ Very interesting in my opinion is that Caldeira looks for more flexible borders, because she thinks that flexible borders combined with great inequality, ‘works only in one direction, from dominant to dominated, without any institutional restraints or boundaries. Caldeira gives a hint here in what direction see does think: ‘I advocate more rather than less boundedness for the body, especially when it involves relationships between unequals.’

Saturday, August 29, 2009

City of Walls: Summary Chapter 5: POLICE VIOLENCE UNDER DEMOCRACY

[Chapter 5 focuses on police violence. Something I don’t understand is the issue that the Brazilian people on the one hand support the ‘tough’ police and sometimes even want to have a stronger police, on the other hand they consider the police as being corrupt, cowardly, dangerous and even stupid. The attitude seems to be ambivalent. The following interview comes from a men (22) from Jardim das Camélias, (Poor working-class periphery).]

‘Many times, when there is a robbery, the neighbors say. “it was that one, that one.”But the police say, “We haven’t caught him in the act, so we don’t arrest him,” and they go away. And what happens? The guy wants vengeance and goes around killing a lot of people, as it happens today. When a crime happens on the street, the population doesn’t collaborate with the police because of that… It’s the fear of vengeance (…). If I see a robber killing someone, I won’t want to know anything about it. I’ll pretend I haven’t seen anything. If the police ask me, I’ll say, “I haven’t seen anything.”

‘They [the workers, JvB] are paralyzed between the fear of the police, fear of criminal’s vengeance and, (..) a belief that the justice system is unable to provide justice.

SECURITY AS PRIVATE MATTER
The rise of private security is seen as one of the basics of urban segregation, that in Brazil started during the military dictatorship. Security was privatized in order to drive back the large amount of bank robberies. Caldeira distinguishes three different types of guards active in the city.
First the official guards. To become an official guard in you have to finish a 120 hour course, provide by a private enterprise. After that the private guards are allowed to ‘carry .32- or .38-caliber guns, but only while they are at their posts. The guns are owned by the companies and not by the guards. (…) The owners of private enterprises realize the increasing desirability of their services and the potential for expansion in a deeply unequal society afraid of high crime rates and unable to count on its police forces.’ In Brazil there is a rising tendency to see the private security sector as something for the rich and the middle-classes, and the public sector as something for the poor. José Luiz Fernandes, president of the national association of private security enterprises (Abrevis) has said: “Leave the civil and the military police for the less favored, according to the law – which does not work!”
The second segment in the security market is the so called ‘organic security’. The people that work in this industry have formal labor contracts but are registered under other occupational categories. A lot of shopping centers, offices complexes, condominiums, ect, rely on this type of security. ‘Approximately 50 percent of private security services in the state of São Paulo are provided by organic security.
The third type is the illegal ‘clandestine security’ market, most of the people that work there are either policeman or ex-policeman. Despite the fact that it is forbidden by law a lot of policeman do combine the ‘private’ and ‘public’ job, in many cases they use their police weapons. Some of the enterprises closed by the federal police were run by ex-policeman involved with the Esquadrão da Morte or other vigilante groups. The costs to hire these kind of security guards are lower than the guards from the formal market. Also in this segment is used by condominiums.

The phenomenon of the justiceiros is a typical example of the vague border between public and private and the relativity of the sovereignty of the state when it comes to law and justice. The justiceiros ‘literally “justice makers,” are groups of men who kill people they consider to be criminals, especially on the periphery.’ In many cases this is the only access the poor have, when it comes to justice. Also for example shopkeepers use the power of the justiceiros in order to keep the neighborhood save from criminals.
‘With the spread of private security, the discrimination against the poor by “security” forces becomes twofold. On the one hand, the poor continue to live, work, and shop in fortified enclaves, using private security services to keep the poor and all “undesirables” away, the poor will be victims of new forms of surveillance, control, disrespect, and humiliation.’
Caldeira is convinced that the role of private security is a reason for the increase of violence because crime is removed from the judiciary system. Especially the judiciary system is very effective because it makes ‘vengeance from a private into a public matter. She uses the arguments given by the French social scientist René Girard quoting him from his book Violence and the Sacred (1977): “Our judicial system (…) serves to deflect the menace of vengeance. The system does not suppress vengeance; rather, it effectibely limits it to a single act of reprisal, enacted by a sovereign specializing in this particular function. The decisions of the judiciary are invariably presented as the final word on vengeance.” It is the judiciaries lack of authority, and therefore also a lack of credibility that the cycle of violence still exists. The violent police makes a this even worse.
Caldeira doesn’t want to make the easy conclusion that the cycle of violence has a direct relation to poverty. Although she states that ‘most of the elements that have generated the current cycle of violence have a socioeconomic basis,’ and that ‘poverty and inequality (…) are crusial to explaining some of the inequalities’ and ‘the spread of violence,’ to Caldeira it is in the first place the incapacity of the institutions that are the main raison for the cycle of violence.

Caldeira, T.P.R. City of Walls: Crime, Segregation and Citizenship in São Paulo, University of California Press, 2000, p. 158-210.

Thursday, August 27, 2009

City of Walls: Summary Chapter 3. THE INCREASE OF VIOLENT CRIME

‘The increase of violent crime is the result of a complex cycle that involves such factors as the violent pattern of reaction of the police; disbelieve in the justice system as a public and legitimate mediator of conflict and provider of just reprisal; private and violent responses to crime; resistance to democratization; and the population’s feeble perception of individual rights and its support for violent forms of chastisement [Dutch: tuchtiging, JvB].’
‘The majority of occurrences of larceny [Dutch: diefstal, JvB], robbery, and physical abuse, then, are not reported to the police. People either do not trust the police to deal with conflicts and crime, or they fear them because of their well-known brutality. Similarly, the justice system is perceived as ineffective by the majority of the population.’ In the southeast region of Brazil, 50.71 percent did not used the justice system after they were involved in a conflict.
Torture is something that is applied very often by the civil policemen, especially for the poorer suspects. The rich sometimes pay the police to find the people who robbed them, contrary to the poor who are neglected when they are being robbed. The upper-class also sometimes pay the police to torture the suspects.
Caldeira want to make clear that the statistics reporting crime are not so reliable. This because of the corrupt police, but also because the people do not report all of the things that happen to them. Another reason why the statistics are not accurate is because of the different branches in the organization of the police apparatus.
‘Increases in violence have been lower in the center, where the wealthier population lives, than in the outskirts, where the majority of the population is poor. (…) the rates of crimes against property are highest in the upper- and middle-class neighborhoods, whereas the rates of homicide are highest in the poorest districts of the city.’ (…) A recent study (…) showed that the districts with the highest incidence of homicide had a bad quality of life and a predominance of low-income families. (…) the districts with the highest murder rates were mostly very poor’ or lived in deteriorating central districts of the town. ‘The lowest rates were among middle- or upper-class districts in central areas.’ However, the districts with the highest robbery rates where also the wealthy and central districts. The increasing amount people that is in possession of a gun (legal and illegal) is significantly increasing. Caldeira sees this a sign that people ‘increasingly taking the task of defense in their own hands. Also the increasing trade in drugs is followed by more violence, ‘however, such claims are difficult to confirm because of the lack of concrete information.’
In order to understand they way crime works in a city like São Paulo Caldeira uses the following explanations:

1.) ‘crime is related to factors such as urbanization, migration, poverty, industrialization, and illiteracy.’
2.) ‘it is connected to the performance and characteristics of the institutions in charge of order: primarily the police, but also courts, prisons, and legislation.’
3.) ‘cultural elements such as the dominant conceptions about the spread of evil and the role of authority, and the conceptions about the manipulable body.’
4.) ‘the widespread adoption of illegal and private measures to combat criminality.’
5.) ‘policies concerning public security and patterns of police performance: the violent action of the state’ makes the situation only worse instead of controlling it.

The problems with criminality are not easily solvable with more investment in public security. The expansion of investment that started in 1984 did not effect the increase of crime and violence. We should also take in consideration that the ‘delegitimating of the judiciary system as a mediator of conflicts and [the] privatizing the process of vengeance’ only makes violence and crime worse.
Caldeira about the relation between poverty and crime: ‘The association of poverty and crime is always the first to come to people’s minds in discussion about violence. Moreover, all data indicate that violent crime is unevenly distributed and affects the poor especially. However, inequality and poverty have always marked Brazilian society, and it is hard to argue that they alone explain recent increases in violent criminality. Further, this argument often misrepresents violent criminality by allowing the view that poverty and inequality lead to poor people’s criminality. In reality, if inequality is an important factor it is not because poverty correlates directly with criminality, but rather because it reproduces the victimization and criminalization of the poor, the disregard of their rights, and their lack of access to justice.’ (p. 137) Also the behavior of the police is one of the reasons according to Caldeira, not so much their number of officers or their equipment. [My own experience close to the school was also very frightening. JvB]

Caldeira, T.P.R. City of Walls: Crime, Segregation and Citizenship in São Paulo, University of California Press, 2000, 105-137.