Seletividade penal e a posse de drogas: uma análise do perfil socioeconômico dos indivíduos processados pelo art. 28 da lei 11.343/06 na 1ª vara do sistema dos juizados especiais criminais de Salvador em 2019

Abstract

This research seeks to prove the existence of selectivity in the conduct of individuals for possession of drugs for personal use, typified in Article 28 of the 11.343/06 law. In this sense, the hypothetical-deductive methodology was used, analyzing a database of 1,214 processes in the PROJUDI system, to answer the following hypotheses: there is racial selectivity in those conducted by the police for the offense of possession of drugs for personal consumption in Salvador and this selectivity extends throughout the entire criminal prosecution. For the sample cut, the detailed terms of occurrence registered in the 1st Court of the System of Special Criminal Courts in 2019 were used. The theoretical framework was based on the perspective of critical criminology, from the macrosociological perspective, based on the theory of labeling approach, as the construction of the stigma of “native user” was established. It is possible to perceive, through the presentation of quantitative and comparative graphs of the collected data, that the conduct of individuals for drug possession and the entire course of criminal prosecution tends to encompass a structural racial and class selective trend.