Negação velada de direitos humanos: uma abordagem crítica do comportamento judicial quanto aos paraguaios presos na região de fronteira por tráfico de drogas

Abstract

This dissertation examines judicial behavior in trials of Paraguayans accused of drug trafficking in the border region between Brazil and Paraguay, focusing on the Mato Grosso do Sul Court of Justice and the Federal Regional Court of the 3rd Region. Through Pierre Bourdieu's social theory, the research explores the understanding of the social and institutional factors influencing judicial decisions in these cases, highlighting the reinforcement of a habitus inclined to subtly violate human rights, concealed within the different meanings and interpretations of court rulings. In addition to the concept of habitus, the research also analyzes the role of the judiciary’s symbolic capital in reproducing discriminatory decision-making patterns. The central research question aims to clarify whether judicial behavior in these trials follows a predominantly ideological, legalistic, or strategic model and whether such an approach implies disregard for the human rights of foreign defendants. The hypotheses suggest that the adopted behavioral model may be associated with patterns of discriminatory treatment and unequal judicial treatment between nationals and foreigners, exacerbating violations of equality and favoring punitive-biased decisions. The methodology combines qualitative analysis, anchored in critical criminology and labeling theory, with content analysis techniques based on the rulings that formed the research corpus. For empirical analysis, the IRAMUTEQ and ATLAS.ti software were used, allowing for detailed coding of judicial decisions and mapping the recurrence of legal arguments in the examined rulings. The results indicate that judicial reasoning contains a strategic predisposition that prioritizes class-based security ideals and contributes to the perpetuation of stigmas and the reinforcement of discriminatory practices regarding the excessive incarceration of foreign defendants. The conclusion also underscores the importance of a procedural protocol to guide the trials of foreign defendants in a more objective manner, particularly concerning pretrial detention. This initiative can reinforce due process by proposing a multidisciplinary diagnosis of judicial behavior and the application of fundamental rights.