La tutela penal de la aporofobia: la necesidad de construir una práctica judicial fraterna

Aporophobia appears in the functioning of institutions, includ­ing the Judiciary, especially when judgments are made based on negative stereotypes regarding poverty, the judge’s convictions or prejudices, and the existing myths in Brazilian society. On the other hand, the right of access to justice guarantees citizens the prerogative of being judged by a competent and impartial judge. For this reason, this article main goal is to analyze, based on deductive, bibliographic, legislative, and jurisprudential research, how the constitutional principle of fraternity conditions the exercise of jurisdiction as an instrument to combat aporophobia. This paper reaches the conclusion that the Judiciary must exercise judicial activity committed to the fraternity prin­ciple. Therefore, it cannot permit the evaluation of facts and evidence and the interpretation and application of legal norms based on negative stereotypes and prejudices concerning the poor, especially in the criminal scope of protection.