A política criminal de drogas no Brasil: uma análise do Recurso Extraordinário nº 635.659 do Supremo Tribunal Federal

Abstract

This research starts from a critical analysis of the Criminal Drugs Policy, examining its prohibitionist history since its inception and the impacts that this approach has on society in general. The criminalization of narcotic substances, as an example of the functioning of the criminal justice system, generates inequalities, punishing some individuals while systematically exempting others. This factor significantly affects selective incarceration, not only that, but also the specific factor of this incarceration, which mostly occurs with people in a state of social periphery being targets of selective approaches by police authorities. This concept is based on the idea that the "war on drugs" strategy would not function as an effective control system for drug trafficking, drug dealers, and even drug users. Through the literature review and adopted method, which includes the application of hypothetical-deductive analysis, allowed a wellfounded approach to issues related to drug policy in Brazil. This is reflected in Drug Law 11,343/2006, which, despite having been important in distinguishing between users and dealers, did not deal with the issue objectively, causing many users to be criminally classified under the drug trafficking law. More specifically, this work focuses on the current discussion underway in the Federal Supreme Court, which assesses the unconstitutionality of article 28 of the Drug Law, seeking the decriminalization of drug possession for personal consumption. Furthermore, it broadly explores the lack of clear quantitatives criteria to distinguish a user from a drug dealer, which opens up space for a series of complex social issues related to the topic. In the votes presented at the Federal Supreme Court, it is possible to discern a critical view the points out the lack of coherence in including drug users within the scope of criminal laws, when the focus should be primarily on health and the real reintegration of these individuals into society.