O tráfico privilegiado de drogas e as denominadas “mulas” à luz da jurisprudência

Abstract

This paper aims to elucidate the applicability of the privilege dealt with in §4, article 33, of Law 11.343 / 2006, known as drug law. The reflection on the subject, through a jurisprudential analysis of the superior courts, aims to address the effects arising from the incidence of the predicted penalty reduction, since there were controversial and divergent understandings before the courts about the heinous nature of the Trafficking Crime. drugs. However, after recent jurisprudence pacified in the Supreme Federal Court - STF, through the judgment of HC 118.533 / MS, it was concluded that the heinous nature was partially removed in the case of crime of drug trafficking in the privileged mode, making the understanding uniform. of the courts. This removal led to reflections on the initial regime of serving a sentence and the possibility of replacing the custodial sentence with restrictive sanctions. Within this context, it was observed the relevance of the approach to the theme of the so-called “mules”, which are known to be agents that carry drugs, in an unusual way, because they fit the conduct typified in §4, article 33, of Law 11.343 / 2006, referred to as the Drug Law, being, therefore, a drug trafficking crime in the privileged modality.