BETWEEN CRIMINAL OFFENSES AND CHILD LABOR: PERCEPTIONS OF JUSTICE SYSTEM OFFICIALS REGARDING ADOLESCENTS INVOLVED IN DRUG TRAFFICKING
Adolescents involved in drug trafficking; the worst forms of child labor; juvenile delinquency; adolescents in conflict with the law.
He use of children and adolescents in the production and trafficking of illicit drugs constitutes child labor exploitation, as defined by international treaties ratified by Brazil. At the same time, the Statute of the Child and Adolescent establishes that such conduct by adolescents constitutes a criminal offense, for which they must be held accountable, including through punishments known as socio-educational measures. This dualism leads to a conflict between protective norms and punitive measures. Studies in various fields of the humanities have characterized the situation of adolescents in the illicit drug trade as a form of labor, based on elements common to economic activities in general. However, this understanding of the situation as one of victimization has not gained a dominant position in legal practice. With the aim of identifying the factors invoked by agents of the justice system to justify treating adolescents’ involvement in this activity as either a criminal offense or as child labor, we propose conducting a literature review and field research, including interviews with judges, prosecutors, and public defenders. Based on the information gathered, we will attempt to identify the elements that shape these social actors’ understanding. To discuss the results, we will primarily draw on Hans-Georg Gadamer’s philosophical hermeneutics, Bruno Latour’s “Actor-Network Theory,” and certain theories of subjectivity, identity, and recognition. Our hypothesis is that, to some extent, decisions regarding this issue are guided by beliefs, values, and perceptions rooted in a social context of profound inequalities, which condition the decision-makers themselves to an understanding that rejects the association of adolescents’ behaviors with the social value of work, while simultaneously compelling them to reinforce a criminal identity for groups living in poverty and social precariousness.