No que diz respeito à reincidência, o art. 28 da Lei Nº 11.343/06 trouxe uma nova escala penal?

Abstract

This article intends to, starting from a brief analysis of Criminal Law evolution about drugs criminalization in Brazil, face and analyze the problem involving the 28th article in 11.343/06 Federal Law, particularly in regard to repeated offenses during the penalty dosimetry application. So, the penal system use, as a way to exclude undesirable groups and to maintain the current social structure, is associated with sanctionary solution given to drugs problem. Therefore, it proceeds into the analysis of the 11.343/06 Law, as known as Brazilian current legislation about the subject. In addition, this work makes questions about the social claims for security, the influence of media in the public opinion construction, and the efficiency of prohibitionist and criminalizing policies related to drug users. By the average man's knowledge, the penalty exists only to repay the harm caused by one individual to another. However, this criminal law institute gathers two more biases that, alongside with retribution, seek to satisfy the interests of the convicted individual who will begin the execution of his sentence, also the other who had his rights aggressively limited. After all, it must point out that the penalty should protect its punishment character, however, without forgetting that the sanction must be able to prevent that more rights are adversely affected and that the convicted individual should be reintegrated into society. For this same purpose, it should be noted that before the duty of punishment, the State holds the obligation to act in order to provide welfare conditions to any citizen, through such perspective. Therefore, these issues are brought regard to 28th article and its 3rd and 4th paragraphs from 11.343/06 Law.