Justiça terapêutica: possibilidades de cooperação entre o Poder Judiciário e os Narcóticos Anônimos

Abstract

The present work consists in a study about the process of substitution of custodial sentences by more effective means of punishment, among them the provisions of article 28 of law 11.343 of 2006. The theories of sentences were analyzed, being the most important for this study, the relative theory, in positive special prevention, for treating the resocializing character of the sentence as a more effective way to prevent crimes, providing the social reinsertion of the criminal agent, bringing benefits to himself and to society. The objective of the present study is to analyze the possibilities of collaboration between the Judiciary and Narcotics Anonymous, under the paradigmatic perspective of Therapeutic Justice. To verify the existence of cooperation between the Judiciary and Narcotics Anonymous, investigations were initially carried out in the field of search by jurisprudence in the Court of Justice of the state of Paraíba. As no correspondence was found between the Judiciary and Narcotics Anonymous in relation to the application of the sentence provided for in article 28, III of law 11.343 of 2006, the investigative universe was extended to the entire Northeast region and then to other Brazilian states. In the last search phase the correspondence was found, where only a few states apply the possibility of cooperation with NA. There is a legal provision that allows such referral, but the number of localities that realize it is very small. Of the 15 states investigated, only 04 conduct cooperation. Although it is not a legal practice observed in Brazil as a whole, it is already a reality with the potential to expand the precepts of Therapeutic Justice.