Teoria das janelas quebradas aplicada no combate ao tráfico de drogas

Abstract

Since the new drug law - Law 11.343 / 2006 -, the crime of owning drugs was penalized with less serious punishments, from warning about the effects of drugs to the obligation of public services. This measure, coupled with the lack of state structure, has discouraged action to combat drug use, both by the judiciary and by the police. A drug user arrested is taken to the police station, with a commitment to attend the court hearing - scheduled for months later. Subsequently, he is released and, with rare exceptions, commits the crime again; because its punishment - if any - will only occur months after the fact, generating an exponential recurrence. Thus, the lack of structure of the Judiciary for swift hearings combined with the lack of motivation of police to combat use of drugs (the police officer does not see the author punishment) ends up strengthening drug trafficking because of the high demand for use it. Thus, the discussion is opened for policies of zero tolerance, originating from the Broken Window Theory as a way, through state structural improvements, to combat drug use and, consequently, drug trafficking. In addition to the above, the aforementioned policy and theory is demystified as precursors of mass incarceration or exclusion of specific social classes - strands of Direito Penal Máximo and Direito Penal do Inimigo.