Política antidrogas e o crescente encarceramento feminino no Brasil: um estudo sobre a seletividade do sistema penal

Abstract

Bearing in mind the expressive growth of female incarceration in Brazil in the last decade, massively motivated by the crime of drug trafficking, the purpose of this research is to analyze the selective role of the Brazilian punitive system, especially when targeted at female traffickers. As the main problem, it is analyzed whether and in what way does the criminal selectivity directed at female traffickers exist, by analyzing official statistics on the profile of prisoners in the country. It is based on the hypothesis that the criminal selectivity is existent, expressive, and reaches mainly the groups of women less favored of the society (poor, black, with low level of schooling), being the drug policy extremely harmful especially for the gender female, in view of the expressive participation of women in lower-level assignments in the trafficking network, which are more susceptible to the state punitive filter. The research has explanatory bias, with quantitative-qualitative research method and method of hypotheticodeductive approach. Historical, experimental and statistical methods predominate as methods of procedure. Bibliographic technique and indirect documentation are also used. The scope of this work is to bring the feminist perspective to the human rights level, making possible an understanding of criminal law as an institutional "technology" of gender, and a mechanism for the reproduction of social exclusion. The strong relevance of the work is the approach to a legal problem with strong social reflexes, and its solution implies several other dilemmas of the community, such as the marked street violence, overcrowding in prisons, high state costs for the promotion of drug war, and the control of chemical dependence, wich is the primary purpose of such policy. Thus, criticism is made of the ill-fated strategy of this drugs war, demonstrating the bankruptcy of the punitive option and its evident incompatibility with human rights principles. It concludes by advocating a reformulation of the postmodern criminal logic, through the design of a new minimum criminal law and the necessary decriminalization of the type of narcotics trafficking. Important theoretical framework for this essay are: Alessandro Baratta, Teresa de Lauretis, Carol Smart and Mariana Barcinski.