Arranjo federativo brasileiro, políticas públicas e o direito fundamental à segurança pública: análise da descentralização da política de drogas no Estado do Espírito Santo à luz da teoria do risco na sociedade

Abstract

It deals with the Brazilian federative arrangement, public policies and the fundamental right to public security with an analysis focused on the decentralization of public drug policies in the State of Espírito Santo in the light of the risk theory in contemporary society. Through the case study, we sought to analyze the “Crack, it is possible to win!” Program in the State of Espírito Santo and verify the implementation of these policies and the paradox “more security measures, more risk increase.” It addresses centralization and the Brazilian political-administrative decentralization that marked the origins of federalism and the instability that remained in the Brazilian Constitutions from 1824 until the current Constitution. It analyzes the federal relationship with public policies and whether the decentralized public security policies “by absence” that derive from the Brazilian federative arrangement model are characterized as a condition for promoting the ineffectiveness of the right to public security and increasing risk in society. It presents the structure of the federal government program “Crack, it is possible to win!”, In the axes: Care (health); Prevention (education) and Authority (public security) agreed by the State of Espírito Santo and the statistical data of crime in the period of implementation and discontinuation of the referred program, from 2012 to 2018, provided by the Public Security and Military Police of the State of Espírito Santo Santo, as well as data from the prison system of the State of Espírito Santo, provided by the State Department of Justice, in the same period. The deductive method is used having as a starting point the general theory to reach conclusions about the problem presented. It is concluded that the Brazilian federative arrangement model based on centralization and decentralization influences the implementation of decentralized public security policies and implemented by subnational entities, without observing local inequalities and without central coordination. This situation is characterized as a condition to promote the ineffectiveness of the right to public security and increase risk in society, as the program “Crack, it is possible to win!” Was discontinued due to the decentralization “by absence”, in which there was a transfer unplanned and uncoordinated charges and the abandonment of policy by the Central Government, which hindered the efficiency of public policy processes. The statistical data of the program show a migration of crimes to the adjacent areas, with an increase in incidents related to the seizure of drugs, weapons, thefts and robberies to people and homicides. It is inferred that with the discontinuity of the Program, the occurrences of related crimes increased both in the program areas and in the adjacent areas. The prevention and care axes ceased activities, with only the authority axis in operation, which contributed to the increase in drug repression and the number of people incarcerated for trafficking and the deficit in the number of vacancies in the system, according to data from the Secretariat of Justice of the State of Espírito Santo. In this scenario of uncertainties added to the Program's complexity, there is an increase in risks for society, confirming the paradox “more security measures, more risk increase”, according to the risk theory in contemporary society.