O novo tratamento penal da figura do usuário de drogas na LEI N. 11.343/2006.

Abstract

The problematic one of the concernentes to the drugs is one of the main boarded subjects in the Criminal Politics of the diverse countries of the world. It is in this diapasao that nations long for a form to fight all the pursuings that involve the traffic and the uset>f the narcotics, notadamente, the exacerbada dissemination of the vice. Brazil folloies these lines of direction, and in the search of mechanism of repression to this problem it promulgated a new statute: law N. 11.343/2006. This law appeared folloied of innumerable celeumas legal, amongst them, the one that hugs the behavior of the user of drugs. The research intends, in this meantime, to inside analyze the behavior of the user and/or dependent of the context of one criminal politics of combat and repression to the drugs, to the end to inquire on the new criminal roupagem that was destined to that it uses narcotics for proper use. For the achievement of this desinterato, it was used of main doctrinal analysis, caracterizadoras of a explicativa research, angariando itself of the comment methods, as of the deductive method. It was inquired, at a first moment, nuances general of the criminal politics that argue the best solution for the problem of the drugs, adentrando in the Brazilian context, giving emphasis to the legislative evolution that was implemented throughout the years, focusing, mainly, the occured one between Law N. 6.368/76 and Law N. 11.343/2006. In was observed that with the new legislation the behavior of the dealer passed to be punished of more severe form, with an addition of quantum of the abstract penalty, beyond the creation of new typical figures that if are similar to the behavior of the dealer. In what it touches the user, perceived a legal abrandamento in the punishment, that cannot more privative being of freedom, obeying, now, the secondary rule of art. 28, that it brings the following measures: warning; rendering of services the community; attendance e measured educative the program and educative course. With this new punishment the divergence emerged on if the behavior of the user had been descriminalizada or despenalizada. In the pursuing of the first chain, the new figure more would not be fit in the concept of crime displayed in the Law of Introduction to Criminal Code e, therefore, it would configure illicit sui generis. On the idea of the despenalizagao it is based that the Federal Constitution allows that new penalties are created since that they do not violate the guarantees minimum of the individuals. Of the communication of the reasons that base one and another thought the research concluded, in accord with the majority thought the respect, that the behavior of that uses drugs for personal consumption passed for a despenalizagao, not being more admitted the imposition of privative penalty of freedom, continuing, however, to be faced as crime.