A falta de critérios objetivos na lei de drogas para a distinção entre usuários e traficantes

Abstract

The current work aims to show the lack of objectivity in the application of Law 11.343 / 2006 - Drug Law for the distinction between users and traffickers, and the incompatibility with the current Democratic State of Law together with the prevailing constitutional precepts. The greater purpose is to show how the circumstances of the crime can define the pen of the subject, making the crime equated with heinous, or just a more lenient felony. For this purpose, some statistical data from INFOPEN will be analyzed, as well as the current population, both female and male, in relation to drug trafficking, a crime that has a 30% incidence in Brazilian prisons. It is clear throughout the work that there is a conflict between the Constitution and the above-mentioned law, requiring objective and egalitarian ways of resolving conflicts, in order to provide a reduction over the prison population, following the constitutional and basic principles of In the present work the inductive method, which has an information analysis and logical reasoning to obtain a conclusion, was used