THE WAR ON DRUGS AS A TOOL OF SOCIAL EXCLUSION OF THE POOR IN THE LIGHT OF ON BRAZILIAN CRIMINAL LAW PRINCIPLES

Abstract

The dealing central divergency is the illegality of the commercialized object: the drugs. However, the substances division about their legality does not meet health criteria, but mainly the social acceptance of these narcotics, originating the war on drugs. In this scenario, the police emerge as a tool utilized by the State to promote the repressive social control disfavoring the poorest, using the war on drugs as a pretext to this, committing several abuses against these citizens. Thereby, in order to legitimize the State´s procedure, the law operators are obligated to distort and to reinterpret several criminal law principles since the conducts’ criminalization to the penalty execution.