Juvenile justice, war on drugs, and human rights: the effectiveness of the principle of the exceptionality of the correctional measure of incarceration

• Autor(a) principal: Feitosa, Gustavo Raposo Pereira
• Data de Publicação: 2018
• Outros Autores: Souza, Acássio Pereira de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/16250
• topic: Infrational act analogous to drug trafficking; War on Drugs; Incarceration measures; Precedent 492 STJ; Freedom of movement; Ato infracional análogo ao tráfico; Guerra às Drogas; Medida de internação; Súmula 492/STJ; Liberdade de locomoção

This investigation is about the repeated application by Juvenile Justice of the  correctional measure of incarceration in view of the infrational act analogous to drug trafficking in Brazil. Such decision led the Superior Court of Justice (STJ) to edit the Precedent n. 492/2012, which affirms that drug trafficking, by itself, should not make mandatory the application of this correctional measure, since it is an act without violence or serious threat to the person. The analysis of the reasons for this judicial treatment involves the research on the discourse of the War on Drugs and the so-called “Menorist Doctrine” in cases of infrational act analogous to drug trafficking and its repercussion on the violation of freedom of movement assured to children and adolescents by national regulations and international norms. The study was carried out through bibliographical and documental research, as well as through a quantitative methodology. We have investigated the jurisprudence of the 26 Courts of Justice of the states and the Court of Justice of the Federal District between the dates of January 1st, 2012 and December 31st, 2014. The prevalence of arguments based on to the speech of the War on Drug terms and on the “Menorist Doctrine” in cases related to drug trafficking was found in the decisions studied, to the detriment of the effectiveness of the Principle of Exceptionality and the human rights when the correctional measure of incarceration is applied.