Perigosos à ordem pública: uma análise da fundamentação das prisões preventivas no crime de tráfico de drogas, no estado da Bahia

Abstract

The monograph aimed to answer the following research problem: How does the Public Order Grounding contribute to excessive pretrial detention in drug trafficking crimes in the State of Bahia? To answer this question, an analysis of judicial pronouncements was carried out, examining a total of thirty interlocutory decisions that imposed this precautionary measure, using the plea in question, in the face of the alleged practice of the offense of article 33 of law 11.343/2006, between 2019 and 2021, in Bahia. Following the qualitative methodology, we studied and evaluated the most recurrent arguments presented by judges when using public order as a reason for the precautionary arrest. The theoretical framework that guided this work was a view of the Accusatorial Criminal Justice System, the presumption of innocence, the status libertatis, and other constitutional rights and procedural guarantees that must be observed before remanding in custody. In this sense, it was possible to notice that usually, when there are no precautionary reasons to decree such a precautionary measure, public order tends to be used as a preemptive sentence, especially when the judges are faced with the alleged practice of drug trafficking. It was observed that in all the decisions analyzed, the plea was used as a police measure, loaded with argumentative contortionist, stereotypes, and suppositions made by the judges to justify the offense to public order, when there were no concrete elements to support it. This demonstrated how this basis gives room for the mass incarceration of pretrial prisoners.