Realinhamento da Política de Drogas Brasileira: perspectiva para a descriminalização do art. 28 da lei 11.343/06 nos moldes de Portugal

Abstract

The Brazilian prisons are in a true unconstitutional state of affairs, with various violations of rights, causing the country to be the object of several internal and international criticisms. Currently, Brazil has the third largest prison population in the world, losing only to the United States and China. Part of this problem is linked to the country's war on drugs policy. By 2016, about 28% of the incarcerated population had been convicted of drug offenses and the absence of criteria in art. 28 of Law 11.343 / 2006 prevents the differentiation of consumer and traffic conduct, thus allowing the user to be sentenced with a custodial sentence. Portugal decriminalized the possession and consumption of all illicit substances, implementing a policy aimed at the prevention of the drug's use, treatment, reinsertion and reduction of harm. After almost two decades of experience, Portugal has become the most complete decriminalization system. Thus, this dissertation suggests a fuller investigation the new drug policy implemented in Portugal and Brazil, the consumption of narcotic substances, as well as the main differences in the legislations of both countries. The goal is to try to demonstrate the necessity for a realignment in Brazilian drug policy