Banca de QUALIFICAÇÃO: HELOISA TEIXEIRA ARAUJO DA SILVA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : HELOISA TEIXEIRA ARAUJO DA SILVA
DATE: 03/07/2026
TIME: 08:30
LOCAL: Ambiente Virtual: https://meet.google.com/yjr-nmuj-two
TITLE:

The Constitutionalization of Criminal Procedure and the Standards of Proof Applied in Drug Trafficking Convictions in the Specialized Criminal Courts of Natal, Rio Grande do Norte

KEY WORDS:

standards of proof; drug trafficking; presumption of innocence; epistemology of evidence; constitutional criminal procedure.

PAGES: 131
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The 1988 Federal Constitution consolidated a model of criminal procedure grounded in the presumption of innocence, the accusatorial system, and the requirement of rationality in judicial decision-making. In this context, standards of proof play a central role in defining the degree of evidentiary sufficiency required for the imposition of a criminal conviction. This research aims to critically analyze the standards of proof employed in drug trafficking convictions rendered by the Specialized Criminal Courts of Natal, Rio Grande do Norte, Brazil, assessing their compatibility with constitutional criminal procedure and the presumption of innocence. A mixed-methods approach was adopted, combining quantitative and qualitative methodologies. The empirical research was conducted through the analysis of cases adjudicated between September 2023 and September 2025 by the 12th and 13th Criminal Courts of Natal, which specialize in the application of Law No. 11,343/2006 (Brazilian Drug Law). Data were collected through a semi-structured questionnaire and subjected to descriptive statistical analysis as well as qualitative content analysis of judicial decisions. The findings reveal a high conviction rate, a predominance of arrests in flagrante delicto, the frequent use of police approaches based on anonymous tips, and recurrent warrantless entries into private residences. The study further demonstrates that convictions are predominantly based on the seizure of narcotic substances and on the testimony of the arresting officers, often without independent corroborative evidence regarding the commercial purpose of the drugs. The analysis of judicial decisions indicates the use of reduced standards of proof, characterized by the attribution of significant inferential value to ambiguous circumstances such as the quantity of drugs seized, drug packaging, the location of the police approach, and the possession of objects commonly associated with drug trafficking. It is concluded that the evidentiary rationality observed is in significant tension with the requirements of the presumption of innocence and with contemporary standards in the epistemology of legal proof, thereby increasing the risks of wrongful convictions and penal selectivity. Finally, the study proposes guidelines for enhancing the rationality of judicial decision-making and for developing evidentiary sufficiency standards more consistent with the Constitutional Rule of Law.

COMMITTEE MEMBERS:
Interno - 1149575 - IVAN LIRA DE CARVALHO
Interno - 3293373 - LEONARDO OLIVEIRA FREIRE
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR