A figuração social das drogas e as relações de poder: ethos, habitus jurídicos e o meio caminho andado da decisão sentencial dos crimes de tráfico de drogas em Goiânia
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2019-11-28
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Universidade Federal de Goiás
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This thesis analyzed the social process that led to the configuration of different orientations among
professionals in the criminal justice system working in Goiânia about the social phenomenon of
drugs. This work revealed how these guidelines are internalized by the judges of criminal drug
trafficking cases; how they influence them in their assessments and decisions on such criminal
matters and; finally, what these different forms of legal action result in. For this, different research
methods and techniques were used. First, based on an extensive bibliographic analysis, a
retrospective sociological exercise was carried out in order to describe the long social process, since
antiquity, which has unfolded in the current configuration of the social phenomenon of drugs.
Different substances were analyzed and in different socio-cultural contexts. Then, still with
bibliographic information and documentary data, it was described about the disputes and tensions
that have been weaving in the power relations that cross the social phenomenon of drugs. Thus, the
sociological elements that explained the constitution of different world orientations in relation to
this phenomenon in contemporary societies were raised. Soon afterwards, through interviews with
criminal justice system operators who work in Goiânia, the objective was to present and evaluate
how these different orientations cross these professionals and constitute certain ethos. These ethos
are expressed in the way they think, understand and position themselves in relation to issues and
themes related to the social phenomenon of drugs. In the end, through the qualitative and
quantitative analysis of drug trafficking sentences in Goiânia, it was explored how the ethos present
in the performance of the different magistrates implies the constitution of certain legal habitus.
These were analyzed based on the way in which magistrates evaluate criminal drug trafficking
cases and make their sentencing decisions. Based on this, a comparative analysis was performed
between the judges and a logistic regression model was developed in order to assess which factors
may or may not imply in the sentence decision. In addition, it sought to understand the practical
effects of these differences in legal performance among magistrates in the justice system and in
social life. The result of the study revealed that the configuration of different ethos about the social
phenomenon of drugs influences the constitution of different legal habitus among the judges
responsible for judging the criminal processes of drug trafficking in Goiânia. As a consequence, an
abysmal divergence was perceived both in relation to the way the judges act on such criminal
matters and in the construction of their sentencing decisions. From the logistic regression, the
hypothesis of the study was confirmed that a person who criminally responds to a drug trafficking
case in Goiânia, depending on the luck of the magistrate who will judge him, already enters the
court halfway inside. or out of the prison system.
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SILVA, Guilherme Borges da. A figuração social das drogas e as relações de poder: ethos, habitus jurídicos e o meio caminho andado da decisão sentencial dos crimes de tráfico de drogas em Goiânia. 2020. 416 f. Tese (Doutorado em Sociologia) - Universidade Federal de Goiás, Goiânia, 2019.