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Judges as Agents of Coloniality: Understanding the Coloniality of Justice at the Pre-trial Stage in Brazil.

Authors :
Khan, Omar Phoenix
Source :
British Journal of Criminology; Sep2024, Vol. 64 Issue 5, p1045-1062, 18p
Publication Year :
2024

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. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00070955
Volume :
64
Issue :
5
Database :
Complementary Index
Journal :
British Journal of Criminology
Publication Type :
Academic Journal
Accession number :
179176642
Full Text :
https://doi.org/10.1093/bjc/azae009