THE CRIMINAL RESPONSIBILITY OF PREGNANT WOMEN INVOLVED IN DRUG TRAFFICKING

Abstract

The criminal liability of pregnant women involved in drug trafficking in Brazil is regulated by a set of legal norms that illustrate the complexity of the interaction between criminal law and social issues related to maternity and the use of psychoactive substances. The Drug Law (Law No. 11,343/2006) establishes the guidelines for the criminalization of drug trafficking, but its application in cases involving pregnant women raises discussions about the proportionality of the penalties and the need to consider the personal circumstances of the accused. Thus, it requires a critical analysis of the legal norms and the way they are applied by jurisprudence, and must consider the individual and social circumstances of these women is essential to promote a The criminal liability of pregnant women involved in drug trafficking in Brazil is regulated by a set of legal norms that illustrate the complexity of the interaction between criminal law and social issues related to maternity a The method used in the research was bibliographic, through studies in scientific articles, theses, monographs, laws and jurisprudence, using a deductive approach. This made it possible to search for information where the expected result was the penalization of these pregnant women, without considering maternity protection policies and the particularities of the gestational period, which can lead to violations of the fundamental rights of both the pregnant woman and the unborn child, in addition to not achieving the objectives of prevention and rehabilitation sought by criminal law.