PINHEIRO, R. S. B.; PINHEIRO, Raimundo Sidney Bessa.
Resumen:
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.