As duas faces de um papelote e a construção do lugar comum

Abstract

11.343/2006, also known as the Drug Law, was a hybrid law, balanced by provisions of custodial sentences and alternatives to imprisonment, which helped to maintain a scenario marked by the discretionary classification of drug dealers and users, based on the valuation and categorization carried out by police officers, delegates, representatives of the Public Prosecutor's Office and judges. This is a subjective circumstantial analysis, since five verbs of article 33 of the aforementioned law that qualify someone as a drug dealer also qualify the user of art. 28, only differentiating them by the destination of the drug. In this sense, the present work aims to analyze how the application of Law 11.343/2006, in the city of São Luís/MA, between 2017 and 2019, implied the delimitation of who would be a drug dealer and who would be a drug user. The general objective of this dissertation is to investigate how lines and power games show mistakes made subtle by the management of words that are related to the constitution of a police knowledge that enters the criminal justice system through the records and is reproduced by other state agents. To carry out the research, forty-two cases denounced for drug trafficking narrated in instruction and trial hearings, in São Luís / MA, from 2017 to 2019 were studied. The analysis of the material used occurred through flow analysis and the longitudinal method , with the aim of better observing how state agents interpreted and attributed the status of dealer or user to the subject who was found with substance(s) provided for in Ordinance No. 344/1988 of the SVS/MS.