Criteria for judgment with a gender perspective for female perpetrators of drug trafficking crimes
Criminal Justice System – mass incarceration – criminalization of women – judgment with a gender perspective – drug trafficking
This work aims to demonstrate the functioning of the penal system and the control exercised over women. To this end, the punitive line adopted by Criminal Law will be highlighted, which prioritizes and imposes the use of custodial sanctions as the main response given by the State to social conflicts, following the logic of mass incarceration. Based on this finding, we seek to highlight the growing number of women in prison and the systemic lack of attention in this prison population. The criminal justice system reproduces the dogma of male superiority. It is necessary to re(think) the very reason for insisting on the widespread view about women and female roles that the criminalization of women, such as drug mules, can reveal in this study. The research focuses on analyzing judicial decisions with the objective of identifying how the constitutional and legal framework of human rights for incarcerated women, a presupposition of the Trial Protocol with a gender perspective prepared by the National Council of Justice, is used in the justifications for these decisions. The result of the research may indicate a reformulation of the point of view of judicial policy to demand the use of this protocol as a useful tool to help magistrates resolve cases involving gender issues, in the case under study, of women perpetrators of the crime of trafficking. drugs.