Distinção entre usuário e traficante da lei de drogas: o critério subjetivo dessa definição e suas consequências

Abstract

Starting from a brief historical analysis of the criminal policy applied in Brazil with regard to drug repression, the subjective description existing in the current Drug Law to differentiate the drug user from the drug dealer will be investigated, discussing the social problems caused by the aforementioned distinction, especially when verifying the mass incarceration experienced in the country after the publication of Law 11.343 / 2006. In this way, the present article will verify new political models of drug control, using the comparative method with some legislation already changed around the world, as well as identifying the progress in Brazil in relation to the debate over changes in the current anti-drug policy.