BETWEEN THE LAW AND STIGMA: AN ANALYSIS OF THE VULNERABILITY OF INCARCERATED WOMEN IN BUÍQUE, PERNAMBUCO

Abstract

In recent years in Brazil, the female prison population has grown by approximately 567%, with alarming data particularly between 2000 and 2014. Data from the National Penitentiary Information Survey, more precisely the Infopen Women's Survey, detailed that in 2025 the population was 33,488 women, with drug trafficking responsible for 65% of imprisonments. Among the main causes is recruitment for drug transportation, with these women being considered drug mules. According to scientific literature, drug mules are women who, although often corrupted by their partners, are also affected by socioeconomic vulnerability, age, low education, motherhood, and structural racism. Starting from this scenario, this study seeks to broaden the understanding of this problem, which is so prevalent in Brazil, also considering the adoption of the mitigating circumstance of privileged drug trafficking as outlined in Article 33, § 4, of the Drug Law (Law 11.343/2006). The requirements are that the beneficiary be a first-time offender, have a clean record, not be exclusively dedicated to dangerous activities, and not participate in criminal organizations. However, even with the understanding of the Supreme Federal Court and the Superior Court of Justice that the status of a drug mule does not preclude the recognition of privileged trafficking, courts tend to be rigid regarding the application of the reduced sentence for this reason, extensively holding women responsible who do not even have the right to be heard. Thus, this research aims to understand how jurisprudence positions itself when verifying the application of this mitigating circumstance in cases of drug mules. Methodologically, the dissertation is based on qualitative research using documentary analysis as its main research instrument, grounded in doctrine, legal norms, and jurisprudence. To establish a structured framework, the study focused on analyzing cases from the Court of Justice of Pernambuco, given the researcher's familiarity with this locus. Ultimately, the results concluded that despite the existence of a materially regulated mitigating circumstance, court decisions often fail to meet the requirements for its application, particularly when the woman lacks individualized legal representation, thus transcending a standardized judicial pattern and breaking the boundaries of intersectionality between class, race, and gender.