DRUG LAW: A STUDY IN THE LIGHT OF THE CONSTITUTIONAL PRINCIPLES OF LAW

Abstract

This scientific article aims to analyze the Drug Law (Law nº 11.343/2006) in light of the constitutional principles of law. Initially, a historical allusion is made to the anti-drug legislation in the Brazilian legal system. Then, the constitutional principles of law and their relationship with said law are presented, especially in relation to Articles 28 and their constitutional implications. There is also a reflection on the questioning of the unconstitutionality of article 28 of law 11,343, which reached the Federal Supreme Court (STF). Finally, the role of law in drug policy is discussed and possible changes in the law are suggested. With this analysis, we seek to contribute to a qualified debate on the subject and a critical reflection on the Brazilian legislation in relation to drugs.