A aplicação das alternativas penais aos usuários ou dependentes de drogas : repercussões quanto ao acesso à justiça

Abstract

The present study analyzes the application of alternative non-custodial sentences foreseen in the law #11.343/2006 in Porto Alegre for the recreational users or dependents of illicit drugs. Within the recent debate surrounding the decriminalization of use and transportation of drugs for the consumption of the carrier, this study has as its aim considering if the application of such alternative penalties may influence the access to justice for those serving these sentences. This search, constituted y a descriptive study is oriented by the dialectic-criticism methodology. The theoretical categories that shed light on this investigation were Alternative Sanctions, Access To Justice, Drugs, Users and Dependents of Drugs. Through a qualitative approach that also uses qualitative data that can be measurable the theme I have searched for a deeper immersion in the reality of the application of such penalties using the Vara de Execuções das Penas e Medidas Alternativas (VEPMA) (roughly the criminal division of execution of penalties and alternative sentences) of the capital of Rio Grande do Sul. In this division the cases in which both the transportation or use of drugs for personal consumption are analyzed and where mostly have held trial detention under the state custody. The research uses information provided by interviews made with technical and justice servants from the Justice System (5) and with the individual who were going through or had gone through(7) the penalties foreseen in the article 28 of the law 11.343/2006, as well as the analysis of the law suits of criminal execution of the individuals sentenced to such penalties from the period of July 2011 to May 2012. From, the analysis of the colected information it has become possible to observe that: the selectivity of the Justice System also operates in the universe of alternative penalties; those interviewed have naturalized both the use and dealing of drugs, even though they realize how unwanted those practices are; the fulfilling of alternative penalties is seen as something positive by a part of those sentenced due to the possibility of lessening the punitive power of the state, but the relationship of those with the drugs remains mostly the same. The research also has indicated that the majority of those applying these penalties in the Justice System are against them and, in some way, try to reduce the damage that comes from it.