Paper: ANALYSIS OF THE TREATMENT GIVEN TO DRUG USERS BY THE BRAZILIAN CRIMINAL LAW: REFLECTION ON THE RECENT STF RULING IN RELATION TO THE SMALL POSSESSION OF MARIJUANA.

Thanks, as always, to the ever vigilant Lex Pelger for this

Title

ANALYSIS OF THE TREATMENT GIVEN TO DRUG USERS BY THE BRAZILIAN CRIMINAL LAW: REFLECTION ON THE RECENT STF RULING IN RELATION TO THE SMALL POSSESSION OF MARIJUANA.

Authors

Alves Nantes, Rosalina; Ragnini Picoreli, Tatiane; Silva de Souza, Arlen José; Domingues Teixeira, Sérgio William; Costa Matos, Maria Luiza; Gusen Braga, Robinilson

Abstract

Objective: The general objective of this research is to analyze in the literature how narcotics users are treated in Brazil. The specific objectives are: to discuss licit and illicit drugs; to investigate Drug Law No. 11.343/06; and to relate the application of the penal norm to the STF’s understanding of the decriminalization of marijuana possession for consumption. Theoretical Framework: The exclusion criterion for this research was the use of recently published articles, by checking the analysis of theoretical references in articles and books, as well as concepts. Method: This is a one-month qualitative theoretical bibliographical literature review. Results and Discussion: The following problem was investigated: Has the model adopted by Brazil to combat drugs brought satisfactory results for society, other than social exclusion and the imprisonment of people? The hypothesis was: State force and coercion as a means of combating drugs are not enough and do not prevent drug use. Research Implications: This work is important from an academic perspective, due to the possibility of future graduates of the law course to arouse interest in deepening their knowledge of criminal law. Originality/Value: This study is exploratory in nature, making a real contribution by addressing a topic discussed in the academic legal debate; and adding to society the knowledge of information that can contribute to the improvement of the norm based on doctrinal and jurisprudential interpretations.

Subjects