Uma análise das políticas regulatórias da posse de drogas para consumo pessoal: a necessidade de descriminalizar o uso da maconha, além da evidente inconstitucionalidade do art. 28 da lei 11.343/06

Abstract

This work aims to analyze how the decriminalization of the use of the marijuana can serve as an important implement for the State to combat drug trafficking, hyper-incarceration, propitiate the reduction of institutionalized murders against the most vulnerable part of society, as well as allowing fair treatment and viable for patients with serious disease, who have lost their quality of life. In addition to an analysis of the unconstitutional aspects of the legislation, a comparative investigation between repression policies adopted by different countries in the world will be done. Scientific studies, social experiments, judicial decisions, legislation and doctrinaire works will be analyzed, with the intention of exposing the urgency of a legislative change in order to remove the discussion of the topic of the criminal area for the administrative field.