Espólios de guerra: a expansão do encarceramento como consequência da guerra às drogas à luz da teoria do Labelling Approach

Abstract

The research aimed to identify if it is possible to establish the relationship between the Criminal Drug Policy in Brazil and the Labeling Approach Theory and that the consequence of this would be the expansion of incarceration for the crime of drug trafficking. For such a legislative anamnesis that deals with the fight against drug use and drug trafficking, complemented by the analysis of the current drug law, Law 11.343 / 2006, the foundations of the Labeling Approach Theory were analyzed, investigating how criminalization is processed. and secondary criminalization specifically in Drug War criminal policy. Secondary criminalization through actions taken by state punitive agencies, as well as the enforcement of prison sentences for narcotics trafficking crimes, was analyzed. And to achieve the desiderate of this research, quantitative data regarding the national prison population were evaluated. The hypothetical-deductive approach method was used, using exploratory research, performed through a bibliographic survey based on books, theses and dissertations and scientific articles. And the descriptive research was applied, applied under the documentary investigation method. Finally, it was concluded that there is a relationship between the Criminal Drug Policy in Brazil and the expansion of incarceration, since between 2007 and 2016, there was an increase of 94.028 thousand individuals arrested for drug trafficking, reaching a 143% increase in the prison population of prisoners for drug trafficking in Brazil.