SOUSA, C. R. C. F.; http://lattes.cnpq.br/6633890576078886; SOUSA, Círia Rossana Carvalho de Figueiredo.
Resumo:
The trade of drugs ever appears on the world stage as one of the serious problems that
assolam social peace. Moreover, the problem of drugs did not emerge in isolation, he is
followed closely by violence, institution of criminal organizations, etc.. In the search for
solutions to this "social cancer" the most varied international law guided their discussions on
policies criminal attempting to effectively combat illicit trafficking of drugs. In Brazil is no
different. In this context, to emphasize two important prisms of analysis: one dedicated to the
trafficker, one for the user. The modern policy developed in the country by Law No carreada
11.343/2006 stresses that duality in that punishes a more severe the conduct of trafficking,
slowing the criminal treatment returned to the user of drugs. The demand that the search is
investigating whether this mild attitude toward the consumer of drugs (Article 28 of Law No.
11.343/2006) would be adequate, or whether the consumer should be seen as co-author
devised the underworld of violence originated with the drugs. To achieve this end is used for
scientific research based mainly on bibliographical data, drawing up the methods of
observation and deductive. It was observed during the study an overview of the criminal
policy to combat drugs, pointed to the main concepts related to the theme. Looking more
toward the reality Brazilian was able to view the change of attitude in the legal treatment of
the trafficker and the user from the Law No 11.343/2006 which replaces Law No. And the
Law No. 6.368/76 10.409/2002. In the novel degree custodial sentences can no longer be
applied. It appeared that the new figure of the user went through a process of
decriminalization (despite some pugnarem by decriminalisation). Meanwhile, it was observed
that there are some inaccuracies in treatment accorded to the user. He should not be seen
merely as victims of drugs, but as co-agent in the spread of trade, like any business that is
subject to the laws of supply and demand. Thus, it appears the importance of prevention at all
levels and specialized treatment as mechanisms to combat the problem. The penalty depends
on the user and should be in prison/hospital, along with preventive and educational measures,
prisons should be created specifically for people involved with drugs. Because only then you
will not be dependent and vulnerable to use drugs and commit other crimes, the state can have
more control over them, restoring them more adequately in society. With the control of
consumption and trafficking will be reduced by that many crimes will no longer happen,
moving the company to have more peace and security.