LEI DE DROGAS

DRUG LAW: THE MASS INCARCERATION OF BLACKS FOR THE CRIME OF DRUG TRAFFICKING AND THE INEFFECTIVENESS OF PRINCIPLES OF LAW

Abstract

This article seeks to analyze the arrests caused by the crime of drug trafficking, which end up interfering with the current situation of Brazilian penitentiaries, resulting in overcrowding, in order to understand criminal selectivity and the principles infringed by it, insofar as it is possible perceive a pattern of race and social class among those incarcerated, according to the research that will be exposed here. Meanwhile, it also aims to analyze the data mentioned, the judged and seek to understand, in the light of Law 11.343/03 and the Brazilian Federal Constitution of 1988, the consequences of this mass incarceration. It is also intended to clarify whether, in practice, the principle of the presumption of innocence is a guarantee that has been applied to all citizens, without distinction, and which factors influence the fact that the prison system has, for the most part, its black and belonging to the lower class. All this, from the theoretical framework of criminal selectivity, through bibliographic research on criminal law and the functioning of the modern penal system, which demonstrates that such selection exists, treating those who belong to the lower social classes in a discriminatory way, a topic specifically addressed in this article. article, and benefit from your skin color or social status.

Key-words: incarceration; contact; presumption of innocence; drug trafficking.