O ENCARCERAMENTO NEGRO: A SELETIVIDADE PENAL NA GUERRA ÀS DROGAS

Abstract

The research analyzes the influence of penal selectivity in Law No. 11.343/2006 as a mechanism for promoting the incarceration of the Black population. To this end, the following research question is posed: What are the factors related to the incarceration of Black individuals and penal selectivity in the Drug Law? The general objective is to understand the factors that contribute to the incarceration of the Black population, considering the selective application of the aforementioned legislation. The relevance of the study is evidenced by data from the Brazilian Public Security Forum (FBSP), which reported approximately 852,000 incarcerated individuals in 2023, of whom 472,850 were Black—demonstrating a high rate of incarceration among the Black population. The research has a descriptive-explanatory character, utilizing bibliographic analysis and data provided by institutions. It also includes an analysis of Extraordinary Appeal No. 635659 (Supreme Federal Court - STF) and the Protocol for Racially Aware Judging (National Justice Council - CNJ). The results indicated that, behind the apparent legality of Law No. 11.343/2006, there is a selective enforcement process targeting specific individuals. The discourse of combating crime and protecting public health conceals a reality of systematic persecution, especially against the Black population, which is more vulnerable to police stops, social stigmatization, and incarceration. Thus, although the law appears neutral in its form, it reveals itself as an instrument of a selective penal policy that reinforces historical and racial inequalities. Finally, the central contribution of this research is to foster new discussions and investigations that expose institutional racism in the criminal justice system, aiming to encourage public policies focused on reducing the mass incarceration of the Black population.