Drugs and the Criminal Justice System
The role played by the Brazil’s Criminal Justice System in Brazil touches on trafficking and abuse of drugs and the various crimes that relate to this menace. The system which includes the court system and the police is guided by the New Drug Law which was promulgated in 2006 which provided important changes to the past legislations on drugs. This system is an important party considering the drug menace in Brazil, which has been reported to consume almost 18 percent of the drugs, trafficked in the world. The situation is not helped by the fact that Brazil is surrounded by countries with largest production of cocaine and has vast, remote borders that are largely unguarded (Miraglia, 2015).
The drug policy and the criminal justice system
Individuals convicted of drug trafficking form the second largest source of prisoners in the system and there have been a relative increase of representation of people convicted in the country’s penal system. This kind of trend shows that more repression of the drug law has resulted to more prisoners, and it is expected to increase according to various statistics conducted. In addition, the court systems have also used the international drug conventions ratified by the country in order to elaborate the national policy or legislation in drug control field. The change in the local law de-penalized the possession of drugs if they are intended for personal use, which means that the courts do not give imprisonment punishment. Rather the court subjects the offender to other sanctions and where the need arises; they can be referred to treatment programs (de Oliveira, 2015). The common interpretation of the law in the past, which included even the Supreme Court, seemed to refute the possibility of other alternative punishment penalties for drug traffickers even where there was absence of explicit rule against the crimes. The law provides no objective criteria that can be used in differentiating between a dealer and a user, which leaves the identification of an individual to be done depending on circumstances surrounding the crime. The police officers report such circumstances and other players in judicial system including lawyers, defenders, prosecutors and judges ratify them.
The decision made by the judge on hearing the drug related cases rarely depend on factors that could be considered profiling such as race, gender or age. Such decisions do not also depend on previous criminal records or convictions according to research carried out in the past which shows that the law of drug is normally the basis. The kind of drugs in the possession of the prisoner influences the decision by judges, although the most significant influence on comes from agreement of the prosecutor on request. Such actions taken by the judicial system have led to more arrest of small drug offenders with available evidence suggesting that there was little effect on reducing the demand or supply of drug in Brazil (de Oliveira, 2015). An important aspect in the drug trafficking and abuse is the role played by criminal justice system in dealing with the menace among young youths. According to statistics, the youngest people in the population of offenders include those that were imprisoned at the highest rate due to drug trafficking. The reviewing of case to case has led to more arrest and even imposition of unequal sentences especially for the minor offences leading to more children being punished by the system (Boiteux, 2011).
All is not groom for depite the efforts undertaken by the system to deal with the drug trafficking in Brazil. With massive cases of corruption in the system, it becomes hard to eliminate or reduce drug trafficking if drug traffickers can easily corrupt the system by buying off the police, prosecutors and judges .Moreover, where resources of criminal justice have been diverted to anti-drug endeavors in such a manner that the ability if the system in handling non-drug crime, increases case of violence do arise. The system continue imprisoning people accused of crimes related to drugs while not having any impact on the issue of drug trafficking. Most people who are taken to court and imprisoned are minor drug dealers on the first offense and who live in poor areas of the society while the major offenders who can easily buy their freedom go scot-free. Arrest and conviction in the criminal justice system do not strategically target traffickers in ways that may minimize drug-related violence and eve homicides. Ineffectiveness in the system and inequality in accessing justice can explain the failure to mop out or eliminate drug trafficking even among the major players.
Way forward
This criminal justice system is an important party in fighting drug abuse and trafficking, considering the drug menace in Brazil, which has been reported to consume almost 18 percent of the drugs, trafficked in the world. The system has to include various measures that target the real culprits of the drug trafficking and hence, prevent arrest of only minor individuals. Concerted effort among the police, prosecutors and judges and elimination of corruption in the system can ensure effectiveness in eliminating or reducing drug trafficking.
Reference
de Oliveira Carlos, J. (2015). Drug policy and incarceration in São Paulo, Brazil1. 4-14
Miraglia, P. (2015). Drugs and Drug Trafficking in Brazil: Trends and Policies. Center for 21st Century Security and Intelligence Latin America Initiative. Retrieved from: http://www. brookings. edu/~/media/Research/Files/Papers/2015/04/global-drug policy/Miraglia--Brazil-final. pdf.
Boiteux, L. (2011). Drugs and Prisons: The repression of drugs and the increase of the Brazilian penitentiary population. Systems overload-drug laws and prisons in Latin America. Amsterdam/Washington: Transnational Institute/Washington Office Latin America, 30-8.
