A legitimação de condenações fundadas exclusivamente em elementos informativos: como a simples ratificação em juízo e a manipulação do discurso escondem o pano de fundo inquisitório que motiva a condenação nos crimes de tráfico de drogas

Abstract

The actions that involve drug trafficking crimes are, for the most part, triggered by the statements made by the security agents responsible for carrying out the process, and it is not uncommon to end up in convictions, even in the face of a deficient criminal investigation. These decisions of conviction are essentially based on inquisitorial content and find shelter in the norm of article 155 of the Code of Criminal Procedure. The interest for this research is to problematize the production of evidence in a hearing through the simple ratification of the testimony of the police provided in the course of the investigation, despite the argumentative efforts in the search for the legitimation of the sentence that recognizes the criminal responsibility of the accused. It is sought, through the application of the cartographic method based on a two-year experience in one of the criminal courts of the city of Juiz de Fora, to conduct a critical analysis of criminal procedural practice in the context of Law 11.343/06.