Subtramas de aprisionamento: a falta grave por porte de drogas para consumo no caso dos apenados do Rio Grande do Sul

Abstract

Concerned with the humanitarian crisis that affects the Brazilian prison system, this monograph starts from a problem situated in the course of penal execution, questioning the dynamics that surround disciplining and the punitive consequences arising from the misconduct in prison, seen as mechanisms that increase incarceration. Identifying that the punitive effects of criminal charges for drug possession are worse than those foreseen by drug law, comes up an emergency to investigate the foundations of this disproportionality and understand it as a secondary prison plot. For this purpose, the methodological approach adopted was the case study, which focused on rulings handed down by the Court of Rio Grande do Sul in the year 2022, in the context of appeals, dealing with the serious misconduct studied here. Through the jurisprudential collection formed, a quantitative analysis of the rulings was carried out, resulting in the raw database. After it, qualitative analysis came through, centralizing the research in the judicial fundamentals that composed the decisions. It ends developing a critique of the discursive categories identified in the decisions, which summarize - within the limits of the research - the stance of the judiciary in confronting the issue, unveiling, among many, one more of the penal system’s punitive endeavors. The agenda reverberated by the research is committed to the abolitionist - anti prohibitionist - and decolonial agendas, both committed to constantly questioning the itinerary of the punitive system, in order to tension it, provoke it and, finally, dismantle it