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The article analyzes the actions and positions of the subjects belonging to the subalternized classes in relation to the Brazilian penal system. The text starts from the following research problem: to what extent does structural violence and the marginalization of subalternized classes in Brazil lead them away from the processes of creation and application of criminal laws, thus transforming them into the main recipients of punitive measures? The article is structured in three sections that correspond, respectively, to its specific objectives. In the first section, we seek to analyze how the legislative production in the criminal justice system is conditioned by factors related to the demands of the classes that occupy, in the Brazilian class structure, privileged spaces of power, demanding the constant criminalization of the subalternized sectors. In the second section, the article analyzes how the creation of laws directed to the subalternized sectors impacts the police action on these individuals. Finally, in the third section, the article aims to demonstrate how incarceration

A VIOLÊNCIA ESTRUTURAL E A MARGINALIZAÇÃO DAS CLASSES SUBALTERNIZADAS NO PROCESSO DE CRIAÇÃO E APLICAÇÃO DAS LEIS PENAIS BRASILEIRAS