Uma recomendação “para inglês ver”: a política de drogas no TJPE na pandemia de Covid-19.

Abstract

The research is justified by the undeniable impact of the pandemic on the worsening of the Unconstitutional State of Affairs in the prison system, especially in the face of complaints of data’s underreporting of contamination and deaths from Covid-19 in prisons. In this context, the publication of Recommendation nº 62/2020 by the National Council of Justice (CNJ), with guidelines reinforcing the importance of moderation in the decree of arrests by magistrates, proved to be an important milestone for the execution of an exploratory-descriptive analysis in processes originated from arrest records from arrest warrants for flagrante delicto (APFD), with a view to producing memory in the first year of a health emergency. A reliable sample containing data from 213 criminal cases having as a background the first year of the validity of Recommendation nº 62, by outlining an overview of the occurrences involving Law 11.343/2006 in Recife, should answer the question about the behavior of the Court of Justice of Pernambuco (TJPE) in these flagrants for drug trafficking, a crime that leads to hyper-incarceration in the city and in the country. Data analysis allowed inferring the presence of literature elements in the sociology of punishment, verifying the permanence of authoritarian values in social control institutions even after redemocratization, anchored in structural racism, which guides punitive selectivity and fosters managerialism of the undesirable through the exercise of punitive power. The final product of the research made it possible to identify the discretionary spaces of the magistrates in the operation of categorizations that echoes in the scenario of incarceration through the imposition of the pretrial detention in a crime without a victim of “flesh and blood” (22.5% of the cases), but also to notice the indifference to Recommendation nº 62 in the judicial grounds (74.3% of the decisions), which is considered even more worrying in a context that combines the humanitarian crisis of the Brazilian prison alongside the health crisis caused by the pandemic.