MULHERES, TRÁFICO DE DROGAS E PRISÃO DOMICILIAR: REFLEXÕES CRIMINOLÓGICAS SOBRE DISCURSOS DO MINISTÉRIO PÚBLICO DA PARAÍBA

Abstract

In Brazil, drug dealing is the biggest responsible for the incarceration of women, since according to the SISDEPEN (2022), 55,4% of the total women in jail respond to crimes related to drug dealing. Therefore, it is clear that exists a political-criminal project materialized by the constant repression to the sale, consumption, and drug dealing, based on penal selectivity and massive incarceration, demonstrating that Brazilian justice, although it hides in the veil of equality, determines who are the individuals liable to punishment and death. Thus, the main objective of this thesis is to analyze the performance of the Public Prosecutor's Office of Paraíba in cases involving the concession of home detention of women accused of crimes related to drug trafficking. In the same vein, the specific objectives are: a) to problematize the Brazilian criminal policy based on the “War to the Drugs” and its impacts on the massive feminine incarceration; b) to analyze bills 13.257/16 and 13.769/2018 and the Collective Habeas Corpus in the 143641/SP that treats of home detention for women; c) to debate the performance of the Public Prosecutor’s Office and its connection to the massive incarceration in Brazil; d) to analyze the Public Prosecutors’s Office’s role in the judged cases of the Court of Justice of the State of Paraíba discussing the granting of house arrest for pregnant women and mothers accused of crimes related to drug trafficking. The methodology used is documental in nature, carried out in five stages: 1) procedural consultation at the Court of Justice of Paraíba (TJPB); 2) initial reading of the decisions; 3) data organization; 4) in-depth reading of the decisions; 5) analysis and critical discussion of the results. In the end, it was collected 100 court decisions, issued between 2020 and 2022, of which 31 were relevant to the research, and in 6 of them it was possible to explicitly identify the ministerial opinion. After the data examination, it was found that home detention is not seen as a subjective right, but is submitted to the members Public Prosecutor’s Office of Paraiba’s discretion and Valuation. Furthermore, it was concluded that there is a predominance of gender markers, that the legal discourse is molded in such a way as to hinder the granting of the benefit, so that the agency's actions are based on the punitive narrative, and that access to justice occurs in a selective and perverse way.