A FALIDA GUERRA CONTRA AS DROGAS E O SISTEMA PRISIONAL BRASILEIRO: A OBSCURIDADE DO § 2º DO ART. 28 DA LEI 11.343/2006 E SEUS EFEITOS NO SISTEMA PENAL BRASILEIRO

Abstract

The present work has as objective and main focus the study about the Drug Law, the current public policies of prevention and repression and the consequences of the ineffectiveness of the existing legal systems. The research addresses the greatest difficulties arising from the silence of the norm regarding the objective assumptions for differentiating between individual users and drug dealers, as well as emphasizing the urgency of remedying legislative gaps. The methodology used in the elaboration of this study was bibliographical research, search for jurisprudence, as well as the historical analysis of anti-drug laws in Brazil. This work was divided into four chapters. First, it will deal with anti-drug policies in Brazil and their context in which they emerged. Then, the analysis of Law No. 11.343/2006 and its aspects will be carried out. Subsequently, the failures of the aforementioned law and the doctrinal debates will be discussed, as well as the position of the Superior Courts on the matter. Finally, the Brazilian penal and prison system will be analyzed, its inconsistencies with the Brazilian Federal Constitution and the need to implement educational policies in view of the increase in the Brazilian prison population with regard to the Drug Law.