Intranquilidade bandida: associação para o tráfico de drogas e economia política da punição no Rio de Janeiro

Abstract

In this master’s dissertation, comparisons were made between the criminal type contained in article 35 of Law 11.343/2006 (Drug Law) and the associative criminal types most present in arrest warrants, according to the National Council of Justice, as well as questioning the ways in which people are criminalized by associative practice, from the conflict with the Rio de Janeiro Police until the procedural judgment. These questions drew mainly from a literature of Brazilian criminal law. More than that, from a point of view guided by radical criminology and by critical conceptions of the political economy of punishment, influenced by Marxism and, in Brazil, by Clóvis Moura, Ruy Mauro Marini and Juarez Cirino dos Santos, an attempt was made to relate the reasons that legitimize the criminal type of abstract danger to the precarious conditions of existence that part of the Rio de Janeiro population is subjected, in a visible way to the eyes. Furthermore, as an integral part of the dissertation methodology, data research was carried out on 160 lawsuits in Rio de Janeiro, which contaminates the entire text, but which gains prominence in the final chapter. Without intending to reach absolute conclusions, this work indicated that there is an increase in the attribution of art.35 of the Drug Law to the behavior of the population of Rio de Janeiro, mainly to its peripheral fraction, deepening racism and serving the rationality of capitalism Brazilian dependent, which is based on the overexploitation of the workforce. In other words, the association for drug trafficking would serve the political imposition that appears with the following tragic alternative for workers: violence or underpayment.