DRUG LAW IN BRAZIL: CHALLENGES IN DIFFERENTIATING USERS AND TRAFFICKERS

Abstract

With the high consumption of drugs and consequently the social impacts, the Drug Law (No. 11.343/2006) represents a legal milestone by establishing guidelines for the prevention of substance use, social reintegration of dependents, and repression of trafficking. Thus, the objective of this article is to analyze the legal criteria that distinguish users from traffickers, based on a qualitative approach through bibliographic research in books, scientific journals, and updated legislation. The results demonstrate that Law No. 11.343/2006 brought significant changes by treating drug users and traffickers separately, replacing the former Law No. 6.368/76. The current legislation reflects a historical evolution influenced by international, social, and cultural factors. In practice, it is perceived that the distinction between user and trafficker is fragile and subjective. The classification of substances and the lack of objective criteria to differentiate them reinforces this fragility. The law also establishes strict measures against trafficking, such as severe penalties and specific criminal procedures. Meanwhile, users are supposed to receive educational and assistance measures. However, the justice system still tends toward punitivism, disproportionately affecting vulnerable populations. The Brazilian anti-drug policy, although advanced, still faces challenges in promoting social justice and effectiveness in combating trafficking.