Racismo estrutural e seletividade punitiva na política nacional de drogas

Abstract

The purpose of this essay is to analyze Brazilian drug policy from the perspective of critical criminology and labeling approach theory, in order to identify how the prohibitionist model against illegal drugs reverberates on black people. This research aims to demonstrate that in Brazil the selective enforcement which is “natural” to every criminal justice system is historically structured on racism. When it comes to war on drugs, such circumstance is particularly noticeable at the federal law that penalizes drug-related crimes, whose vague provisions enable the criminal justice system to sentence defendants charged for drug trafficking arbitrarily. Methodology is based on literature revision and on a case study which demonstrates the influence of structural racism over the selective enforcement in the national drug policy, as well as it shows that the mentioned policy is unable to protect the legal assets it claims to, which are public order and public health. The conclusion is that the model of drug prohibition in Brazil shall be reviewed urgently, and so shall the Drug Act, in order to provide objective criteria to which the suitability to the type of drug-related crime must attend, hence restricting the discretion given to judges by the aforementioned law.