A (IN) CONSTITUCIONALIDADE DO ART. 28 DA LEI ANTIDROGAS (LEI Nº 11.343/06)

Abstract

The work presented, the (IN) Constitutionality of Art. 28 of the anti-drug Law (LEI No. 11.343 / 06), is a study that presents an eventual conflict of an infraconstitutional Law in the face of the 1988 Constitution. However, the study raised tends to be analyzed, since the legislator considered it necessary to formulate a certain law and as regards Article 28 of the drug law, such a device influences the spheres of public security, public health and injures the autonomy of the will, violating the privacy and intimacy of each individual, foreseen in Art.5th item X in the Constitution, it will be verified that the legislator when penalizing the possession of drugs, making criminal any person who acquires, or possesses drugs for personal consumption, a true affront to a Democratic State of Law in that research we will comprehensively demonstrate that the State Power is inefficient in relation to combating drug trafficking, instead of fighting the trafficker found it easier to criminalize and penalize than to z drug use (an aberration).