A punição de mulheres traficantes: análise crítica de sentenças condenatórias à pena privativa de liberdade não substituída por restritivas de direito

Abstract

This is a critical study of decisions convicting woman for drug trafficking to custodial penalty, justified by the contradictions existent between drugs fighting repressive politics and alternatives to freedom privation, adopted by the criminal legislation in order to keep away deleterious massive incarceration effects. In this way, the present work had for scope the analysis of situations in which would be appropriate the conversion of custodial sentences into rights restricting penalties in sentences of drug trafficking convicted women who are serving sentences in Salvador, through a critical analysis of the reasons presented by the magistrates for not converting them. The analysis was made from the perspective of critical criminology, criminal constitutional principles, considering how the current punitive system works when it comes to drug traffic and the application of their penalties.