A Lei nº 11.343/2006 e o encarceramento em massa: reflexos sociais da Lei de Drogas

Abstract

This scientific paper intends to analyze the criminal drug policy model adopted in Brazil, especially regarding the criminal offense of drug traffic, foreseen in article 33 Law n. 11.343/20006, relating the same to the frame of massive incarceration of a selective social layer in our country. Therefore, it will demonstrate that the legislator, when opting by the actual model, gave preference to the use of repressive ways, resulting on the violation of basic principals of the Democratic Law State, as well as remnants of the application of Criminal Law of the Enemy, according to which the drug dealer is characterized as a true enemy of the State, that must be eliminated. Thus it will be verified the relation between this policy and the selectivity verified on the incarceration provoked by it, reproducing discriminatory stereotypes present in our society. Finally, it is concluded that the drug policy in Brazil acts as a strictly symbolic way of public health protection, maintaining, in reality, the repression tradition and punitive social control of the poorest and most excluded part of population.