Reflexos de uma política de drogas marcada por subjetivismos

Abstract

The objective of this study is to analyze the Drug Law, nº 11.343 / 06 and its reflexes in the Brazilian prison population, exposing the subjectivisms in their criteria of differentiation, which end up causing a difficulty in distinguishing the user from the drug dealers, letting the criminal authorities decide on a definition of the criminal type from the specific case. What led to the imposition of high subjectivity and selectivity from the situation of social stigmas, this problem was not found at the time of analysis of lawsuits and decisions. It will also be exposed the methods to differentiate users of the drug dealers and how they are applied in Brazil and other foreign legislation, especially in Portuguese. Finally, it will bring forms of solution to solve problems, in the search for a fairer and egalitarian system, in which a more effective policy to combat the true drug dealer, avoiding the framing of users as traffickers.