A seletividade penal quanto à prisão por crime de tráfico de drogas: contraponto com direitos fundamentais

Abstract

Used as a Course Completion Paper in the Law Graduation at the Federal University of Uberlândia, this article aims to problematize institutes of the current Drug Law (11.343/2006), mainly with regard to criminal selectivity in current criminal policy. Therefore, it is intended to analyze, through bibliographical analysis and comparison of data collected in the National Penitentiary Department, if the elaboration and application of the Drug Law is based on the observance of criminal and constitutional principles and if the institute serves in some way to penal selectivity. Furthermore, it intends to analyze the possibility of elaborating and executing alternative public policies to the strictly criminal resource. Finally, it is necessary to analyze the current position of the Supreme Court on the subject to determine whether or not they would be based on constitutional principles, reflecting the observance of fundamental rights. Ultimately, it will be possible to present suggestions for adapting the current drug legislation to constitutional criminal principles.