Inconstitucionalidade do artigo 28 da lei de drogas: análise baseada no voto do Ministro Luís Roberto Barroso no Recurso Extraordinário 635659/SP

Abstract

This article addresses the issue of the unconstitutionality of Article 28 of Law 13,343/2006, known as the Drug Law. The paper will address the failures of warrepressive policies in the fight against drugs at the international and national levels, demonstrating that even after more than 100 years of war, drug trafficking and use have remained very high, with no significant results being achieved in this fight. Furthermore, it will provide a new perspective on dealing with drug policy based on results obtained in other nations that have decriminalized drug use and adopted measures more closely linked to treating users as individuals who need better access to health and education. Finally, it will analyze the unconstitutionality of Article 28 based on the vote of the eminent Justice Luís Roberto Barroso in the judgment of Extraordinary Appeal 635659/SP in light of essential constitutional principles, such as the right to privacy, the principle of offensiveness, the principle of subsidiarity, and the principle of proportionality.