A INCONSTITUCIONALIDADE DA CONTRAVENÇÃO PENAL DE VADIAGEM: Um olhar histórico, cultural e político

Abstract

Currently, in the Brazilian legal system, there are unconstitutional criminal offenses, arising from a process of segregation of social classes, which aimed at social hygiene. In view of this, questions arise about the binding of the legislative power to institutionalized prejudice and the possible consequences of this Law. Thus giving rise to the term “policy of good manners”, which legitimizes racial prejudice through the law. However, there is a need to carry out an in-depth analysis of the historical, political and social context of the creation of these laws, as well as an analysis that justifies the validity of these manifestly unconstitutional provisions in the contemporary world. In the present case, the analysis will be made about the criminal misdemeanor of vagrancy.