As teses defensivas dos defensores públicos do Estado da Bahia nos processos de tráfico de drogas e sua recepção pelo poder judiciário

Abstract

The present work aims to understand how public defenders in the State of Bahia position themselves in criminal cases that investigate drug trafficking and how these theses are received by the Judiciary. Starting from an exposition on the factual and legal scenario that involves the lawsuits that investigate these crimes, the work observes how the defense role played by the Public Defenders intervenes in this reality. There are several works seeking to understand the reality of these criminal cases, as well as the decisions of the Judiciary involving drug trafficking crimes. However, in the academic field, no studies were identified with a specific focus on defensive actions. Thus, with a focus on the Public Defenders in Bahia, we seek to analyze the role of public defense in these lawsuits through the analysis of the defensive petitions and sentences obtained from 60 legal cases using Grounded Theory as a reference method. From this observation and the interaction between the defensive petitions and the sentences, and the actors behind these two procedural moments, categories were constructed that guided the research findings. Finally, identifying successes and limitations, the work aims to promote reflection on the challenges posed and build proposals about the performance of the Public Defender in the State of Bahia and the position they take in the law swits that investigate drug trafficking.