Prisão preventiva e drogas: “a polícia prende e a Justiça não solta”

Abstract

The present work studies the practice of pre-trial detention, that should be exceptional, but has being usual. To explain the reason of being the rule, lawyers and specialists point to questions like lack of legal deadline, wide margin about legal grounds and questions like the selectivity of criminal justice. From these studies, with a literature review about sociology’s crime and deviance, allied to discussions about the actual model of prohibitionism that results in the public policy of war on drugs, this work promotes the study of 155 criminal actions linked to drug trafficking in a criminal court of State Justice in a city county, in a period between January of 2014 and December of 2015. The quantitative and qualitative data extracted from these cases were interpreted with focus on pre-trial detention and the effects on the process flow. In sequence, 83 were selected and analyzed by the theory of sentencing, the grounds of condemnation, the penalty used by the magistrate and other factors that allow us to verify an high index of condemnations and a preference to custodial sentences which confirms the punishment logical. We finished with a model of case study where were observed, in details, since the police approach that results in detention in the act, passing by conversion to pre-trial detention until the final condemnation, the correlations between criminal justice and the logic in a process of drug trafficking where two of the most important problems of incarceration are allied.