A Ineficácia da Pena Privativa de Liberdade nos Crimes de Drogas

Abstract

This study investigates the ineffectiveness of incarceration in addressing drug-related offenses within the Brazilian penal system. It is based on the premise that a policy of mass imprisonment has failed to reduce criminality or promote the reintegration of individuals involved in the use or trafficking of illicit substances, constituting the central issue of the analysis. Unlike approaches that focus exclusively on quantitative outcomes, this work emphasizes the critique and comparison of repressive and incarceration-based criminal policies with alternative strategies that are more effective in social and preventive terms. The methodology employed consists of qualitative bibliographic analysis, encompassing specialized doctrine, current legislation, and statistical data from the prison system. The findings indicate that incarceration contributes to prison overcrowding, the strengthening of criminal organizations, and high rates of recidivism, without achieving the intended objectives of primary prevention and social reintegration. It is concluded that public policies centered on prevention, education, treatment, and the reduction of punitive approaches hold greater potential to effectively address drug-related offenses, promoting not only public safety but also the protection of the dignity and human rights of incarcerated individuals.