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Brazil occupies third place in the world ranking in terms of the prison population in the National Penitentiary System, reflecting a policy of zero tolerance and mass imprisonment of citizens in conditions of vulnerability. Even though incarcerated women are a minority group in Brazil, there is an increase in the percentage of them being subjected to criminal control. According to the latest official data, the number is approximately 38,000 women, representing an increase of 675% between 2000 and 2016 – which puts Brazil in third place among those countries that most imprison women, behind the USA and Thailand. Criminal selectivity works in an explicit way, given that the majority of incarcerated women in Brazil are young, Black, poor and semi-literate. The crime of drug trafficking accounts for more than 62% of female imprisonments, which is a much higher percentage than that of men for the same crime (41%). From a feminist perspective, this chapter analyses and reflects on the specific characteristics of female criminality related to drug trafficking, highlighting how the intersection between gender, race, class and age informs the criminalisation process of women in Brazil.

Women across the world are being incarcerated at an alarming rate. Between 2000 and 2017, the female incarceration rate worldwide increased by 53.3%, whereas the male incarceration rate increased by only 19.6%. In Latin America, drug offences are the first or second cause of female incarceration. The excessive use of pre-trial detention, mandatory minimum sentences, and disproportionate penalties characterise the region’s drug policies. Recent data compiled by the Washington Office on Latin America show that between 35% and 70% of incarcerated women, depending on the country, are behind bars due to a drug offence, while for men the rate is much lower. In other words, harsh drug laws disproportionately impact women.

Qualitative research on female prisoners accused of drug-related offences shows how gender roles, gender-based violence and social exclusion are often triggering factors for women’s participation in the drug trade. Agency and victimisation co-exist in these women’s stories, and while drug trafficking becomes a means to cope with adversity, it also further enhances previous vulnerabilities, and incarceration can have a devastating impact on their families. These women are engaged in high-risk activities but represent a low risk to society. Drug law reforms and the use of alternatives to incarceration could reduce the number of women behind bars for low-level drug offences.

This chapter presents a broad introduction to women’s varied interactions with drugs and drug markets. It provides a brief overview of the international framework of drug control and the ways in which drug policy enforcement differently impacts women and men. It highlights the negative and disproportionate impacts on women of criminalisation-based approaches and how drug policy serves to reinforce existing problems of structural discrimination. This provides context for the contributions to this edited collection, which are summarised in the introduction. The book situates drug policy reform as a crucial and underlooked feminist issue.