DROGAS E SISTEMAS CRIMINAIS: QUAL A DIFERENÇA ENTRE O USUÁRIO E O TRAFICANTE DE DROGAS PERANTE A LEGISLAÇÃO?

Abstract

The article presents the difficulties found in the current jurisdiction to establish the differences between drug users and traffickers in the legislation; and focuses its application in the Brazilian legal system, verifying how this application takes place through analyzes in recent works that developed information on the subject. The execution of articles 28, caput, and 33, caput, of Law 11.343/2006, present a rule full of subjectivity and complexity, a fact that causes great legal uncertainty. Therefore, the interest of this work is to verify how this application takes place and how the interpretation of police authorities is a driving force for the difficulties inherent to the application of the rule. Thus, the research analyzes the subject, considering the law, crimes, penalties and subjectivity of §2 of article 28, and their controversies in the separation of users and traffickers, and whether magistrates and criminal agencies show difficulties in applying the law in concrete form. Furthermore, there is a check between these contradictions and the increase in the number of prisoners in the country. Therefore, it is analyzed and described how this device is subjective, which can lead to significant contradictions in its interpretation. At this stage, the work aims to understand and study how the increase in the number of prisoners is related to the dysfunctional interpretation of the rule.