PENSANDO O ATO INFRACIONAL DE TRÁFICO DE DROGAS COM AS LENTES DO PRAGMATISMO

Abstract

One of the most delicate moments within the Socio-Educational System occurs when the deprivation of liberty of an adolescent in conflict with the law must be determined, with the legal text expressing respect for segregation, which should only occur when the offense is committed with serious threat or violence (art. 122 of the ECA), and even with this qualified barrier, the infractions associated with drug trafficking are responsible for 42% (forty-two percent) of hospitalizations at Fundação CASA in December/2022. This study outline aims to look at the social reality, considering the legal devices that establish the deprivation of liberty for committing an infraction and what typifies drug trafficking as a crime. To do so, we will take the jurisprudence of the Superior Court of Justice (STJ) with the lens of philosophical pragmatism as a driving force of thought, especially that which has been developed in the lessons of the North American thinker Peirce and in the debates that followed from the bases consolidated by him like the lines of Richard Posner.