Usuário ou traficante? A seletividade penal e a adequação dos critérios da lei 11.343/2006

Abstract

This work aims to demonstrate that Law 11. 343/2006, known as the New Drug Law, by establishing criteria to differentiate between drug dealers and drug users, in article 28, paragraph 2, expressly authorizes the selective use of criminal law, which demonstrates the need to discuss and regulate this law in order to qualify drug dealers and users based on the criteria of the quantity of narcotics instead of the criteria currently adopted, given that the agenda is the subject of debate in the Federal Supreme Court, which emphasizes the importance of maintaining the law and thus making the law fairer. Therefore, this work is based on the problem of the absence of adequate criteria when qualifying traffickers and users, according to Law 11.343/2006, and its reflexes in the criminalization process, which denotes the presence of selectivity in criminal law, thus infringing constitutional principles. The research methods are Bibliographical, Deductive and Quantitative, with a theoretical foundation based on facts about the subject as a research technique. Starting with the purposes of criminal law and selectivity, analysis of the New Drug Law and the criminalization process, the prison profile in Brazil and the need to implement appropriate criteria to qualify traffickers and users in the respective law and the discussions of the case in the Federal Supreme Court.