CRIMINAL LAW AS AN INSTRUMENT OF SOCIAL CONTROL. A CRITICAL ANALYSIS OF THE CRIMINALIZATION OF DRUGS

Abstract

Discussion about the effectiveness and effects of the drug prohibition policy, which uses criminal law as the main tool for social control. The critical analysis of this policy, which has led to violations of human rights, such as criminal selectivity, racial and social discrimination, violence and mass incarceration. This study emphasizes criminal law as a tool of social control, ineffective and unfair, which generates serious violations of human rights, perpetuating racial and social discrimination, especially of the most socially vulnerable. The criminalization of drugs has not been able to effectively combat trafficking and consumption, but has generated an increase in violence and mass incarceration. This is because there is not enough investment in social programs, public health and strategies to minimize harm reduction who have made the issue of drugs more serious, ignoring the community and health dimension. Therefore, the need to rethink the drug prohibitionist model and seek alternatives that prioritize the promotion of public health and human rights, instead of investing only in social control through criminal law.