THE POLICY OF REPRESSING DRUG TRAFFICKING AND THE VIABILITY OF ALTERNATIVE PENALTIES IN MANAUS: THE CRISIS IN THE PRISON SYSTEM IN 2024

Abstract

Topics addressed in this article concern the importance of creating a more humane and proportional criminal justice system, one that is not focused solely on punishment. In this context, the application of precautionary measures provided for in Article 319 of the Brazilian Code of Criminal Procedure, such as periodic court appearances and electronic monitoring, are used as alternatives to mass incarceration, aiming to ensure the progress of criminal proceedings without the immediate need for imprisonment. Furthermore, it was demonstrated that the Judiciary plays a fundamental role in applying these measures, and its actions must guarantee constitutional principles such as proportionality, human dignity, and the individualization of punishment. The analysis of privileged drug trafficking highlighted the importance of distinguishing minor offenders from members of criminal organizations, thus preventing disproportionate punishments. It was also discussed that criminal recidivism is related to structural failures within the prison system, which is marked by overcrowding, violence, and difficulties in social reintegration. The Law of Penal Execution (Law No. 7.210/1984) and rehabilitation programs emerge as essential instruments for promoting social reintegration and reducing crime. The research problem was answered by verifying that the crisis in the prison system violates human rights and constitutional guarantees, such as human dignity, health, physical and moral integrity, and the prohibition of degrading treatment. In this context, it can be concluded that strengthening alternatives to imprisonment is essential for a more efficient criminal justice system.