Injusticias epistémicas testimoniales en casos de narcotráfico: un análisis de la valoración del testimonio policial
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Brazil is considered to have the second most biased criminal justice system in the world,
according to the World Justice Project (WJP). In order to gauge the impartiality of the criminal justice system, the
justice system, the WJP analyses discriminatory practices and the system's
whether the police and criminal judges discriminate in practice on the basis of socio-economic status, gender, ethnicity, etc.
status, gender, ethnicity, religion, nationality, sexual orientation or gender identity.
The offence of drug trafficking leads the ranking of the most common crimes in Brazil. One
in every three prisoners in Brazil is accused of drug trafficking. Unlike
crimes, which follow drug trafficking as one of the most common crimes for which people are arrested in Brazil.
which most people are arrested in Brazil
in the case of the criminal offence of drug trafficking, there is no victim,
so the production of evidence is generally based on a provisional decision about the drug and on the word of the police.
and on the word of the police.
Given the prominence of testimonial evidence in criminal cases, as well as the
drug trafficking charges, the only witnesses called by the Public Prosecutor's Office to testify in court are the victims.
Public Prosecutor's Office to testify in court are the police officers responsible for the seizure,
denotes what Aury Lopes calls a ‘staging coup’3
in order to judicialise the word
in order not to violate Article 155 of the Brazilian Code of Criminal Procedure, which provides for the
impossibility of conviction based solely on elements of the police enquiry. An
accusation, therefore, often produced by the police themselves, which later, in the trial,
is also the only one to be returned to the judge as proof of the drug seizure.
This data outlines the justification for this research from the perspective of public defence,
that provided by the Brazilian Public Defender's Office in the criminal sphere, in order to
use studies on evidence - and instrumentalise them - in the service of the defence provided to
people in economic vulnerability accused in criminal cases.
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