THE APPLICATION OF DRUG LAW IN BRAZIL: CHALLENGES AND CRITERIA FOR DISTINCTING BETWEEN USERS AND DRUG DEALERS IN LIGHT OF CONTEMPORARY CASE LAW AND LEGAL DOCTRINE

Abstract

This article analyzes the legal criteria applied in the distinction between drug users and traffickers in Brazil, based on Law No. 11.343/2006. The research, of a qualitative and bibliographic nature, examines recent doctrines and jurisprudences from the higher courts, discussing the risks of judicial subjectivity and the social impacts of the law's application. It concludes that the absence of objective parameters contributes to penal selectivity, making the standardization of differentiation urgent.