Insper research shows that around 31,000 black and brown people were classified by the SP police as drug dealers in situations where white people would be users
Study carried out by Racial Studies Center from Insper states that skin color influences the Civil Police of the State of São Paulo to differentiate drug possession for personal use and drug trafficking. The research shows that around 31,000 black and brown people were classified as drug dealers in situations where white people would be considered users.
The research analyzed 3.5 million police reports from São Paulo from 2010 to 2020. When comparing the same drug seizure conditions and similar characteristics of individuals, they concluded that black people are more often accused of being drug traffickers than white people.
The numerical result depends on the model and the variables applied to it. In the model that only considers sex, date of occurrence and city, the probability can reach up to 4.5%, for example. When all variables are equal, the number is close to 1% more. Here is the full studyin English (PDF – 395 kB) and executive Summary (PDF – 170 kB).
For the authors, Daniel Duque, Alisson Santos It is Michael France, the study shows how racial issues impact the incarceration of the black population. It also indicates the existence of discriminatory factors in differentiating between consumption and trafficking.
In an interview with Power360, Duque stated that the probability of being charged with trafficking changes according to the quantity and type of drug. It is higher, for example, in cases of milder drugs and in small quantities, especially marijuana.
According to the researcher, the Drug Law (11,343 of 2006), which toughened the penalty for trafficking and created the category of non-criminal user, increasing mass incarceration.
“The law does not determine any objective criteria and leaves it up to the police themselves to classify what activity would be carried out following the seizure”he said.
STF JUDGES THE TOPIC
The issue has been discussed for 9 years by STF (Federal Court of Justice).
On Thursday (June 20, 2024), the Court resumed its analysis of the action that will decide on the decriminalization of drug possession for personal use and the criteria to differentiate it from drug trafficking. Today, the law determines that the definition is the responsibility of the judge.
So far, there are 5 votes in favor, 3 against and 1 new understanding. Here is the score:
- ministers in favor of the decriminalization of marijuana: Gilmar Mendes (rapporteur), Edson Fachin, Roberto Barroso, Alexandre de Moraes and Rosa Weber;
- ministers against the decriminalization of marijuana: Cristiano Zanin, André Mendonça and Nunes Marques;
- minister who understands that the law on drug possession does not have a criminal effect, but rather an administrative one: Toffoli Days.
For Daniel Duque, the criteria are part of the problem and a more specific understanding could contribute to reducing the potential for racial discrimination.
“Considering that the biggest difference occurs with marijuana seized in small quantities, we could have a significant reduction [da desigualdade]”, he stated.
The researcher said, however, that the difference in probability is multifactorial and the research fails to capture some scenarios. Therefore, changing the law alone would not fully resolve racial discrimination.
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