Justiça terapêutica tolerância zero : arregaçamento biopolítico do sistema criminal punitivo e criminalização da pobreza

Abstract

This dissertation analyses a type of treatment directed for users of illicit drugs known as Therapeutical Justice (TJ). The proposal is humanize the law alleviating incarceration as an Alternative Penal solution. Instead of going to jail the individual will have his civil rights restricted and will be submitted to treatment. The punishment will be defined by the judge. This particular law is inspired by North-American practices, for example, the Droug Courts where there is Zero Tolerance (total abstinence). Nonetheless, this policy includes other types of illicit behavior not restricted to drug use. In some low-income neighborhoods for instance there is curfew to guarantee safety. Zero Tolerance Therapeutical Justice can be seen as an extension of the judiciary system outside prison. One of the consequences is to transform other type of events into drug related crimes where only some segments of society are affected. The theoretical approaches used for this research are the concepts of bio-power and control society by Michel Foucault and Gilles Deleuze respectively, where TJ can be seen as a source of post-modern bio-political technology control mechanism of drug abuse. Supposedly of the main triggers for urban violence. This dissertation has five chapters dedicated to the following subjects: legislation for illicit drugs; North-American prohibiton practices; contemporary use of TJ and Zero Tolerance policies; the role of the media influencing public opinion on punishment methods and harshness of the law and for last, psychology practices. The methodology includes Implication Analysis , a term translated by René Lourau directed to analyze the work of the psychologist, who contributes in different ways for the implementation of the law, among others. The objective was to put into question some of the penal/social policies in practice today with special attention on TJ and the implications for the poor-dangerous and non-productive population