A dualidade político-criminal da lei 11.343/2006.

Abstract

This research has the main scope to present a critical examination of the law 11.343/2006. For this, it w i l l be analyzed the political dualism presented by that law and the legal nature of article 28, taking into consideration all the major questions of the theme. All topics of the work were treated in a complete and updated manner, with the greatest possible objectivity, with an approach focusing on criminal law. The method used is the legal exegetic and historical comparative, to obtain necessary basis for developing this research and explain the problems that now appears under the legal science. It aims, through the theoretic and practical examination, different legal interpretations to understand the scope of the new legislation. Moreover, it deals with the concepts and guidelines of criminal policy, including the current movements with the purpose to the study and practice of appropriate actions to the control of crime, whit the specific purpose of conducting the legislatures and operators of the law at the time of its implementation and develop ment. It examines the law 6.368/76 and its evolution, in an overview o f the laws that treated on drugs in the country, for a comparison with the new legislation. To clarity the debate, there is also the duality o f treat ment of user and drug dealer since for the first is adopted a minimum policy, at this point, Brazilian legislation follows European laws on the policy of harm reduction. This law is attentive to policies of prevention, care and rehabilitation of the dependent. It is also discussed it user's conduct was descriminalized or was a case o f abolitio criminis, whit doctrinaire divergences. On the illegal trade ship, the law 11.343/2006 adapted the ban international guideline, to ensure stability and welfare to society.