“Democratizing punishment”? Federal prosecutors’ new anticorruption project and the Brazilian penal field

Abstract

ABSTRACT Since the 2000s, Brazilian federal prosecutors increasingly worked on corruption and white-collar crime (WCC) cases. While scholars have focused on how this engagement impacted politics, few works examine its implications for the country’s penal field. In the context of the mass incarceration of working-class and racialized groups, does prosecutors’ focus on the powerful promote penal change or continuity? Using this issue’s concepts of professional trajectories, professional projects, and contexts, I investigate how prosecutors built their expertise on criminal law, how this process shaped their penal discourses and practices, and how these contrast with the country’s penal context. Empirically, I analyze prosecutors’ CVs and discourses on an anti-corruption bill. I find that prosecutors invested heavily in academic specialization and international training in criminal law, focusing on WCC. With this move, they created a new professional project, which breaks with traditional racialized tough-on-crime discourses and proposes measures to increase accountability for the powerful, seeking to “democratize punishment.” However, some of these discourses and practices reproduce traditional punitive approaches embedded in the Brazilian penal context, such as penal populism and the disavowal of procedural rights. Although prosecutors built their professional trajectories around corruption and WCC, their professional project may incidentally harm marginalized defendants.