Entre o racismo estrutural e o encarceramento em massa: os impactos dos 15 anos de vigência da atual legislação antidrogas (Lei nº 11.343/2006) no sistema punitivo Brasileiro

Abstract

The present work has as its object of study the historical process of the criminalization of black people in Brazil under the bias of structural racism and the myth of racial democracy, which has as one of its mainstays the prohibitionist and repressive drug policy that is conventionally called “war to drugs”, a tool found by the state to institutionalize selectivity in the Brazilian punitive system, generating an increase in incarceration, especially among the blacks and poor. For this, it were drawn conceptual lines about structural racism and mass incarceration, based on doctrinal understanding, and to carry out a historical survey about the punitive system and the anti-drug policy in Brazil, focusing on Law 11.343/2006 (Drug Law) , demonstrating, analyzing and relating the impacts of the 15 years of validity in the Brazilian punitive system with structural racism and mass incarceration, demonstrating its segregationist and unequal structure, outlining the problems and proposing possible forms of resolution.