O caráter hediondo do tráfico privilegiado: uma análise sistemática à luz do ordenamento jurídico brasileiro e dos sistemas de classificação das infrações penais como crimes hediondos

Abstract

The main objective of this paper is to question about the characterization as heinous of the crime described at the article 33, § 4º, of the 11.343/2006 Brazilian law, known as “privileged drugs traffic”, always considering the ideals of legality and justice. Therefore, a brief explanation about this crime and the impacts caused by the configuration of heinousness will be presented. Thereafter, the understanding of the Superior Court of Justice (STJ) will be shown, materialized in his Precedent number 512, and other judgments against this understanding. Then, the Individualization of Punishment Principle, chosen as the theoretical framework and the main reason of this present study, will be approached. After that, it will be presented the systems of classifying criminal offenses as heinous crimes, as understood by the best doctrine, and a link between Justice and Legal Security will be suggested, since these subjects are closely related to the present discussion. At last, a conclusion about what has already been studied will be made, aiming to get an effective solution for the problem. This solution intends to apply even more the Individualization of Punishment Principle, reformulating the Brazilian current system of classifying criminal offenses as heinous crimes.