Aplicação do princípio da insignificância no art. 28 da Lei 11.343/06

Abstract

This monograph was prepared whit the aim of analyzing the possibility of applying the principle of insignificance in art. 28 of Law 11.343 of 2006, that is the possession of drugs for personal consumption, seeking to demonstrate, a priori, the concept, legal nature,historical evolution, both about drugs and insignificance. Furthermore, the differences between the previous legislation and the currente drug Law were observed and it was briefly analyzed about the decriminalization of drugs in Brazil. And, finally, after a thorough analysis of the various doctrinal and jurisprudential positions, specifically the Superior Court of Justice and the Federal Supreme Court, through documentary and bibliographic research, it is proposed to assimilate the possibility of insignificance to art. 28 of Law 11.343/06, know as the Drug Law.