THE IMPACT OF DRUG LAWS ON PRISON OVERCROWDING IN BRAZIL

Abstract

This paper critically analyzes the relationship between Law No. 11,343/2006 (the Drug Law) and the phenomenon of prison overcrowding in Brazil. Through a literature review, we investigate the mechanisms by which this legislation has contributed to the exponential growth of the Brazilian prison population, identifying its social consequences and exploring viable alternatives. The study adopts a qualitative approach, of an exploratory and descriptive nature, using bibliographic research and document analysis. The results show that the Drug Law has functioned as an instrument of penal selectivity, disproportionately criminalizing socially vulnerable groups and contributing significantly to the crisis of the national penitentiary system. The research demonstrates that approximately 28% of incarcerations in the country are related to drug trafficking, constituting one of the main causes of prison overcrowding. The work concludes that there is a need to reformulate Brazilian drug policies, proposing the adoption of models based on harm reduction and public health, instead of the current purely punitive paradigm.