As "mulas" do tráfico internacional de drogas : a visão por meio das políticas públicas e dos tratados internacionais

Abstract

The present work studies the international drug trafficking, which is the illicit substance trade between different countries, however, the main focus is the role of the "mule" in this environment, what is the treatment given to it and what are the legal procedures that occur when they are caught, such as expulsion, penalty, among others. The objective was to verify, also, what is the treatment given to "mules" when compared to the "bosses" of the traffic, through internal legislation, international treaties and Brazilian public policies. With the work, it was found that the "mule" of drug trafficking, compared to the drug dealer, will be judged in an erroneous way. Currently, according to STJ Info 602, the "mules" are being included in the privileged traffic provided by Law No. 11,343/2006, article 33, paragraph 4, decreasing the penalty to be imposed, since they are neither traffickers nor they are part of the criminal organization, but are only "objects" of transport. However, the protocol against transnational organized crime concerning the prevention, repression and punishment of human trafficking, when verified, shows that there are "mules" that can be classified as victims of human trafficking, either by mistake (when called to work) or by coercion, it happens that the materiality of the illicit fact "removes" human trafficking (because it is something of high complexity to prove), with the flagrante delicto standing out. Thus, it was found that there is a need to treat "mules" differently, not only because of the vulnerability, but also so that one can give different treatment to those who deserve different treatment, in fact. The "mules" are insignificant pieces in the criminal organization, replaceable, insignificant for the traffickers if they are apprehended, especially because the objective of having the "mule" is exactly that, to become increasingly distant from being found the "boss" of trafficking. For this reason, it is clear that the government should have a policy that exclusively covers "mules", so that when they are considered victims, penalties are excluded, but, when the illegal act is committed by deceit, the penalties are properly imposed, never comparing themselves to an international dealer (sic).