BRAZILIAN PENAL CODE AS DESCRIPTION OF A CULTURAL PRACTICE: A BEHAVIORAL ANALYSIS OF CONTINGENCIES AND METACONTINGENCIES

Abstract

The Brazilian Penal Code is the law that determines criteria for considering acts practiced by citizens as crimes as well as criteria to make them responsible for these acts. It also establishes judgement and sentences parameters for each crime. In this study, penal law is analyzed under the Behavior Analysis perspective, using, as method, the identification of contingencies descriptions of three terms and metacontingencies in the articles of the code. The code here was considered as a description of behavioral contingencies and cultural practices. Complete and incomplete descriptions were found of individual contingencies and interlocked contingencies of citizens’ behaviors and legal agents. The efficacy of the code in controlling people’s behavior is discussed by analyzing the distribution of the articles and the type of control exercised. Finally, it was concluded that, for the Penal Code to be effective in preventing violent behavior and promoting safety for the population, it cannot be analyzed in isolation. For it to have a preventive function, it is essential to understand it as part of a complex interlocking that involves other laws and other practices of agencies not directly connected to the formulation of the Code. Keywords: Penal Code, Law, Cultural Practice, Metacontingency.