Is “Penal Populism” Really Populist? Evaluating Penal Legislation in Post-redemocratization Brazil

Abstract

For over two decades, “penal populism” has been trying to explain the major developments in penal policy around the world. As a theoretical model, it is often seen as synonymous with an unrestrained growth of punishment-oriented thinking. This study discusses a critical issue involving the complex link between contemporary punishment and politics. Building upon Michael Freeden’s “morphological analysis” of ideologies, we examine the internal structure of populism. An empirical test of the “penal populism” thesis will be conducted in post-redemocratization Brazil (1980s). Criminal legislation passed during three populist governments will be analyzed to determine whether there was a correspondent expansion of punitiveness. We hypothesize that there is no necessary connection between populism and more punitive criminal policies. Thus, we propose a new understanding of “penal populism” as an authentic penal ideology or an ideology of crime control.