Da prisão preventiva nos crimes de tráfico de drogas: a contribuição para o encarceramento em massa brasileiro

Abstract

The present monograph proposed an analysis of the existence of a “stigma” that the micro drug dealer carries with him/her with regard to violence, even though it is not present in all cases, as well as the consequences that “massive arrests” entail. ” cause in the penitentiary system. There are potentially punitive precautionary measures that could be used to avoid unnecessary imprisonment for less harmful accused, given the abstract nature of danger that brings society, but contrary to that, judges have been exercising unlimited power, demonstrating the true intention of punishment. penalty, even those that do not present greater dangers to the legal interest of public health protected by the legislation, obtaining as a great ally the gap in the toxic law, when the amount of illicit substance that can be potentially harmful is not defined by the legislator to society, carriers of potentially harmful portions are imprisoned only to the individual himself. The gap in the law gives magistrates the opportunity to imprison as many defendants as possible, including those who do not have the materiality to commit against public health. It is an explanatory research, using a bibliographic review, with a deductive approach and bibliographic research.