A eficácia jurídica das medidas previstas ao usuário de drogas pela Lei 11.343/2006.

Abstract

The new law on drugs has been the subject of several critical built by Thinkers, especially with regard to changes and weak in relation to the user. The objective of this work is to analyze precisely this article, questioning the nature and effectiveness of the penalties provided. To realize the method were used historical-rolling, and exegetico-legal searches through the doctrines, codes and articles on the internet. Start writing on the historical evolution of the various types of drugs, the purpose of its use, how the drug is transformed into a complex problem to society today, the need of states to control the use too and the evolution of penalties for users. Analyzing detail Article 28: its pipelines, contradictions, opportunities, legal objectivity, comparing it with Article 16 of the old law of drugs. Demonstrating what trafficker of small could get rid of their responsibility claiming to be mere user. After, focuses on the doctrinal disagreement about the legal nature of the penalties provided for users, translated around the discussion of the phenomena of decriminalize versus decriminalization. The first is current supports mainly in Article 1 of the Law of Introduction to Criminal Code, already the second, maintains its arguments in fact not be expected to be deprivation of liberty. Ensuring Furthermore, the ineffectiveness of such sentences, because they failed to meet the essence of its purpose. In the end, the last sub, tried to bring as a solution to the pipes under Article 28, the imposition of implementation of security measures in therapeutic treatment, because this way, the user can recover from their addiction and return to live quietly in society.