As mulheres no tráfico: gênero como variável na política de drogas e encarceramento na Colômbia

Abstract

In Latin America, the war on drugs has resulted in a scenario of mass incarceration that disproportionately affects women. In Colombia, this trend becomes particularly pronounced when we observe that more than twice the percentage of the female prison population, compared to the male population, was serving sentences for drug-related offenses. These women, mostly involved in peripheral activities such as micro-trafficking, share social markers of underdevelopment, highlighting the gender-selective nature of criminal policy. Despite advances in the literature on the relationship between incarceration, feminism, and drug policies, there are still gaps in relation to alternative measures that take gender into account. In this context, the Ley de Utilidad Pública (2023) emerges as an innovative experience by allowing sentence substitution for women convicted of non-violent drug-related crimes. This study evaluates the effects of Colombia’s anti-drug policy on incarcerated women, investigating the limitations and possibilities of the new law. Additionally, it analyzes the role of feminist movements and civil society organizations in the creation and promotion of the law, as well as media discourses that shaped its public reception. Thus, the research indicates signs of exhaustion within the traditional punitive model and an opening toward more restorative and gender-focused approaches