A vulnerabilidade na justiça criminal: um estudo sobre mulheres condenadas por tráfico de drogas

• Autor(a) principal: Tavares, Kátia Rubinstein
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/19976
• topic: Tráfico de drogas; Mulheres no sistema de justiça criminal; Individualização da pena; Coculpabilidade; Culpabilidade pela vulnerabilidade; Drug trafficking; Woman in the criminal justice system; Individualization of the penalty; Coculpability; Culpability for vulnerability; CIENCIAS HUMANAS::CIENCIA POLITICA::POLITICAS PUBLICAS

The main objective of this research was to study the vulnerability of women convicted of drug trafficking, based on a documental analysis of judgments referring to cases judged by the Criminal Chambers of Rio de Janeiro`s Court of Justice between June and December 2018, 2019 and 2020, with special emphasis on the individualization of the penalty in first and second instance decisions. The analysis sought to establish correlations between social vulnerability indicators to assess the level of aggravation and relaxation of sentences applied to women convicted of drug trafficking. The vulnerability indicators are color; age range; income;schooling; maternity; marital status. In this analysis, we considered the construction of a social economic pattern on the women judged for the crime of trafficking; whether the penalties applied taking into account the distinction between users and traffickers; if the vulnerability indicators raised were identified in the decision arguments; if other situations of vulnerability or related ones were pointed out in the judgments; what is the reasoning applied in judgments in criminal concerning women benefited by a substitute sentence for the deprivation of liberty in privileged trafficking; and, finally, whether the justification for the sentence, applied both by the Court and by the sentence, taking into account the situation of vulnerability. The study sought to verify the existence of a correlation between the construction of a social-economic pattern of those convicted of drug trafficking – in terms of their vulnerability – and the sentence applied to them. In this path, the following objectives were established: 1) to investigate the construction of a social-economic pattern on the convicts; 2) to analyze the content of sentences and judgments; 3) to study the fundamentals of setting the penalty in sentences and judgments; 4) to discuss the application of the principle of coculpability and culpability for vulnerability in first and second instance decisions. Considering these objectives, documentary and bibliographical research of an interdisciplinary nature was carried out. The analysis was theoretically supported by authors from Social Sciences, Criminal Law, and Critical Criminology; particularly Critical Feminist Intersectional Criminology. The hypothesis examined in our research was that the Judiciary when applying deprivation of liberty to women convicted of drug trafficking does not consider the indicatorsrelated to their social construction.Considering the development of the study, the results of the research confirmed that the vulnerability factors of women convicted of drug trafficking present in the analyzed processes are invisible to the judges, and their situation of vulnerability is taken as a factor of aggravation of the sentence.