THE INFLUENCE OF THE SOCIOECONOMIC CONTEXT ON USER AND TRAFFICKER IDENTIFICATION IN BRAZIL: A LITERATURE REVIEW

Abstract

This article sought to understand how the legal provisions and practical application of the Drug Law reflect and perpetuate social and economic inequalities in the Brazilian criminal system with regard to the differentiation between drug users and drug dealers. Given this, the methodology adopted follows a bibliographical approach, centered on the literature review on the influence of the socioeconomic context on the legal identification of drug users and traffickers in Brazil, under the critical scope of the Drugs Law (Law nº 11,434/2006). As a result, it was observed that the current approach to the Drug Law in Brazil contributes to prison overcrowding and penal selectivity, disproportionately affecting the less favored social classes. It is concluded that the lack of objective parameters in legislation, especially in the Drug Law, contributes to this selectivity, with subjective interpretation taking into account the individual's social and personal context.