Porque a Maconha é proibida só para os Pobres?

Ativismo, Featured

hempadao 23 janeiro, 2020

A proibição agrava desigualdades sociais e trata pior as minorias raciais. E a legalização pode não resolver esses problemas: ou até agravá-los. Será diferente agora em Illinois?

Fonte: Época

É um fato da vida que toda lei criminal, em praticamente qualquer lugar do mundo, tende a ser mais dura com os mais pobres e com as minorias raciais. Afinal, poder pagar bons advogados e ter boas relações faz diferença para quem tenta se defender de uma acusação de roubo, de agressão, de homicídio. Mas, no caso da proibição das drogas, essa injustiça é muito maior. Ao ponto de, em alguns países, na prática, a proibição só valer para quem é pobre.

No caso do Brasil, isso é evidente. Está documentado por vários pesquisa

ores que o CEP do sujeito é um critério para definir se ele é usuário ou traficante. Alguém apanhado com a mesma quantidade de drogas num bairro de mansões ou numa favela tende a receber tratamento bem diferente.

No Rio de Janeiro, essa diferença é muitas vezes explícita nas decisões judiciais, como mostrou uma pesquisa feita pela defensoria pública. Lá, juízes aceitam o argumento de que alguém com droga numa região controlada pelo tráfico só pode ser traficante — e, portanto, o bairro da apreensão é considerado evidência de tráfico. Só que “região controlada pelo tráfico” é um eufemismo para bairro aonde o Estado não leva serviço público. Em outras palavras: bairro pobre.

Não à toa, a imensa maioria dos presos pela lei de drogas é negra, quando se sabe que drogas circulam por igual em todos os grupos raciais (na verdade, circulam mais onde há mais dinheiro).

Há muitos motivos para essa injustiça. Claro que o racismo individual dos agentes da lei deve ser um deles: quando se diz a palavra “traficante”, o que se espera é que se esteja falando de um negro periférico. Mas esse não é o único fator: há vários, que vão se somando. Um deles é urbanístico.

Há gente plantando, vendendo e fumando maconha em todos os bairros do Brasil, mas, nos mais ricos, eles fazem essas coisas por trás de muros altos defendidos por cachorros bravos. Nos bairros pobres, as casas são pequenas, forçando algumas dessas atividades a se exporem na rua, ou deixando os odores escaparem pelas janelas.

Acrescente-se a isso o fato de que os protocolos de ação da polícia são explicitamente diferentes dependendo do bairro. Nos mais ricos, polícia não entra na casa de ninguém sem mandado judicial, nem dispara antes de perguntar.

O resultado concreto é que a lei de drogas é um instrumento de agravamento da desigualdade. É assim no Brasil, ao extremo, mas é assim também, em algum grau, no mundo todo. E é por isso que sempre houve uma expectativa de que a legalização da maconha fosse reduzir injustiças.

O que estamos aprendendo nos últimos anos, desde que a onda de legalização começou a se espalhar pelas Américas e pela Europa, é que não funciona necessariamente assim. E que, na verdade, não é impossível que a indústria legalizada acabe agravando desigualdades, ao tirar as lucrativas atividades da produção e do varejo de drogas das comunidades pobres e abrir oportunidades desproporcionalmente maiores para os ricos nos novos mercados.

Pensando bem, é natural que seja assim. Sempre que surge um novo segmento na economia, leva vantagem quem tem dindim no banco e conexões com reguladores. Mas, no caso das leis de drogas, que produziram injustiças por décadas, essa injustiça extra é uma ironia especialmente triste.

Tenho visto esse efeito ao redor do mundo. Em Israel, por exemplo, onde estive no meio do ano, é evidente o deslocamento do eixo de produção. Antes a maconha israelense era produzida por muçulmanos no Egito, no Líbano, na Palestina.

O setor que está surgindo na legalidade, para fornecer Cannabis medicinal, é dominado por israelenses e sediado dentro das grandes cidades do país. Cultivadores continuam sendo presos nos territórios ocupados por plantar em casa o mesmíssimo vegetal que gera receitas para empresas com capital aberto na Bolsa de Valores.

Semana passada, Illinois tornou-se o 11º estado americano a legalizar o uso adulto da Cannabis e colocou em prática alguns instrumentos inéditos para tentar remediar ou até reverter essas injustiças.

O estado foi o primeiro a incluir reparações na lei que legalizou a maconha. Indivíduos de comunidades negras e pobres pagarão significativamente menos pelas licenças para produzir ou vender maconha legalmente, de forma a tentar garantir que o mercado não seja dominado por quem já era rico.

Além de anular processos que envolviam crimes leves envolvendo maconha — o que deve tirar milhares de pessoas da cadeia, principalmente negros — Illinois reservou 25% das receitas com impostos sobre as receitas geradas pela maconha para executar projetos que beneficiem as comunidades mais prejudicadas pela guerra às drogas, num programa chamado R3 (de “restaurar, reinvestir, renovar”).

O dinheiro será usado para reformar casas dilapidadas nesses bairros, treinar profissionais, facilitar o financiamento de imóveis, criar espaços culturais.

Se vai funcionar ou não, saberemos logo, agora que o plano foi colocado em prática. Mas, no mínimo, é uma novidade que, em pelo menos um lugar, a lei sobre maconha não trate alguém pior só por ser negro e pobre.



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