Lei de drogas : natureza jurídica do Art. 28 da Lei nº 11.343/2006

Abstract

This study aimed to analyze the general aspects that support decriminalization or legalization of drug possession for personal use, according to the legal nature of Article 28 of Law No. 11.343 / 2006 in effect, to identify the changes brought, position of scholars, case law, decriminalization or decriminalization of possession or drug possession for personal use. This is an exploratory study, conducted through literature, developed from already prepared material, consisting of books, case law and scientific articles. Given the purposes of penalties, such as prevent the commission of new crimes and promote social rehabilitation of the convicted, they are not satisfactorily met or failed to meet the social objective. Indeed, the new drug law provides for penalties for the offender, although falling within the category, drug users, the "educational measure of attending a program or educational course" which, strictly speaking, would best fit between the official policies of attention and probation, and could be carried out not only by State service agency, but by non-governmental entities, included in the policy planning. So consider is that with the advent of the current law, more precisely in Article 28 of Law 11.343 / 06, the Drug Act, there was a narcotics possession of decriminalization for those who use it for their own use, or it can be say that it is a despenalizadora measure? It can be concluded that we have, so, in theory, an innovation in Brazilian law to official prevention policies for users and dependents, and policies for care and rehabilitation activities thereof.