A atuação do tribunal de justiça do Rio Grande do Sul durante a pandemia de COVID-19 nos habeas corpus em casos de tráfico de drogas

Abstract

The present research deals with the performance of the TJRS during the covid-19 pandemic in cases of drug trafficking, in terms of preventive arrests. More specifically, this action will be observed based on Recommendation N. 62 issued by the National Council of Justice. To do so, a bibliographic review was used as methodology, as well as a quantitative and qualitative research based on the analysis of data taken from Habeas Corpus judged by the Court of Justice of Rio Grande do Sul in the period between April and May 2020. The starting point of this study was to briefly understand the emergence of pre-trial detention in the Brazilian legal system and how this institute is currently typified. After that, an analysis was made about the banalization of pre-trial detention and prison overcrowding and how the Drug Law (Law 11.343/2006) is related to these serious problems. Having this knowledge, the risks that drug prisoners face during the Covid-19 pandemic were demonstrated, since the reality of the prison system is of high insalubrity in prisons. Having made such notes, the CNJ Recommendation N. 62 and its decarceration measures were analyzed, also analyzing the Report I for Monitoring the Recommendation, published by the CNJ in September 2020 and the project "Covid in Prisons - Infovirus". In contrast, it was observed the opinion issued by CREMERS in March 2020 that went against the aforementioned recommendation. Finally, it was collected through the analysis of Habeas Corpus judged by the TJRS in cases of preventive arrests (with judgment on the merits), that the requests judged by the Court were massively denied, with the exception of only 4 cases among the 81 cases analyzed, going against the data expressed throughout the research, where we can see that the trivialization of preventive detention is a direct cause for prison overcrowding.