A operabilidade de um sistema penal seletivo à luz da política criminal de guerra às drogas

Abstract

The present work aims to elucidate the theoretical axioms that dialogue with the execution of criminal selectivity in the current criminal war policy on drugs, as well as, it aims to demonstrate the consequences caused by it to the detriment of the social body. The operability of a selective penal system, the basis of this criminal policy, is analyzed initially through a historical approach to the context in which the prohibitionist discourse is spread across the globe and later consolidated in the aforementioned criminal policy. It is, therefore, to unveil the historical landmark in which the war on drugs was declared. In this line of reasoning, Foucault's analytics and the Criminal Law of the Enemy are asserted as the theoretical assumptions that enabled the consolidation of the current criminal policy and the execution of criminal selectivity. In this sense, the positivization of Law 11.343 / 06 brings as a consequence the mass incarceration of the subjects that figure as the preferential targets of the war on drugs, which has an eye focused exclusively on a certain ethnological profile. Therefore, it is necessary to break with the prohibitionist paradigm and adopt a harm reduction policy, aiming at guaranteeing the constitutional prerogatives of drug users, as well as moving away from the war axiom on which the current criminal policy is founded.