A lei nº 11.343/2006 à luz do direito penal do inimigo: a seletividade da política criminal nacional para drogas

Abstract

Without pretending to exhaust the subject, but aiming to provide contributions that incite debate on the subject, the present academic work aimed to analyze Law 11.343 / 2006 in the light of the Theory of Criminal Law of the enemy, developed in 1985 by Günther Jakobs. Addressing the main legislation on the subject, the history of criminal drug policies and current legislation, the objective was to demonstrate, through normative characteristics and choices, the incidence of the theory in drug law and criminal policy, as well as selectivity in the formulation and application of the law. This, as will be seen, uses a selective criminal model aimed at mass incarceration of certain social classes, more specifically, young, black, low-educated people who, in most cases, are caught with small quantities of drug. Thus, it is concluded that it is essential to problematize the performance of the Legislative Power, the Judiciary Power and state agencies, aiming to achieve a reformulation of laws and their application in accordance with the guarantees of the rule of law.