The Drug Law (11.343/6) lends, even if implicitly, decisive importance to testimonial evidence in order to affirm the fate that would be given to the seized substance, with quite different criminal consequences. Predominantly, convictions in this type of case stem exclusively from the word of police officers, and the prevalence of this testimonial evidence is a fundamental factor in the increase in incarceration in Brazil, which primarily targets poor and black young people, who become “living dead” when faced with the brutality and hostility of the prison system. It is clear that the issue of the production of evidence in the crime of drug trafficking in Brazil determines "physical or at least symbolic death", which constitutes, from the understanding of the concept of necropolitics developed by Achille Mbembe, the object of this research.