There may be more than 100,000 people convicted of drug smuggling in Brazil, their sanctions have been reduced if their sentences are reviewed based on the distinguished trafficking classification. Data is a survey of the National Council for Justice (CNJ), which indicates that these people have no criminal record.
Distinguished trafficking is provided in the drug law and is allowed to reduce the sixth to two -thirds. To suit this situation, the defendant must fill three criteria at the same time:
- Be the primary defendant;
- They have a good background
- Do not devote yourself to criminal activities or merge the criminal organization.
With the application of benefit, the penalty may be reduced to less than five years, allowing the prison replacement for alternative measures.
According to CNJ, in August 2023, out of 370.2,000 people involved in drug smuggling cases, 26.1 % (about 96.7 thousand) were framing as a distinct smuggling.
In April 2024, the number of convicts on charges of trafficking increased to 378 thousand. Among them, it was 110,000 (29 %) of the main defendants, and in theory it could suit the distinctive method. However, the survey was unable to verify the fulfillment of other standards, due to the lack of data in the system.
The study used information from the unified electronic implementation system (Seeu), CNJ National Platform to monitor criminal executions. Therefore, the agency recommends that the courts adopt measures to identify and classify cases of distinguished trafficking in hearings, with the aim of ensuring more fair penalties since the beginning of the operation.
“It is advisable to enhance the formations that qualify and prefer to identify and classify the distinctive trafficking issues from the time of the hearing, to ensure increased control and effective monitoring of the tool, as an important tool to provide more just penalties for people who respond to drug -related crimes,” the study said.
Self -decisions
CNJ also draws attention to the risk of self -decisions. This occurs, according to the agency, because current procedural management systems cannot efficiently verify the self -standards of the law, such as dedication to criminal activities and participation in organizations.
The newsletter says: “The problem is more exacerbated by noting that the main or unique evidence that has been considered in the decisions of operations that involve drug crimes are the testimonies of security agents who acted in this approach.”
The discussion was included on the outstanding trafficking in the 2023 criminal effort, which analyzed more than 7,000 cases of this crime in the closed system. In 47 % of cases (3343 people), there was a change in the open system or the replacement of the penalty for restrictions.
According to the “Criminal and Drugs and Drugs” report, 5.5 % of people who have one condemnation of the distinguished trafficking in spending a closed penalty lasts.
