THE UNCONSTITUTIONALITY OF ARTICLE 28 OF THE DRUG LAW AND ITS FACTUAL REPERCUSSIONS

Abstract

Actions involving drug users are common in forensic routine, as well as in police approaches. The discussion about the constitutionality of the crime of possession of drugs for personal consumption has always stood out in the Courts and in the academic environment. However, many of the demands related to article 28 of Law 12.343 / 06 do not reach their legal or social objective, corresponding to an undue and ineffective paternalism on the part of the state and, finally, it means a false protection of the society. In view of the basic principles since the promulgation of the Federal Constitution of 1988, according to which self-harm is not punished, which is why an urgent analysis of constitutionality and its textual compatibility with the criminal law is imperative.