LEI 11.343/2006: parâmetros utilizados para determinar o porte de drogas para uso pessoal e o tráfico de substâncias ilícitas

Abstract

This paper deals with Law No. 11.343 / 2006 - Establishing the National System of Public Drug Policies - SISNAD (popularly known as Drug Law) and prescribe a drug use prevention solidification and eliminates the user to imprisonment, presenting a punitive trafficking and clarifying the procedure to the procedural ritual. The approach highlights the parameters used to determine and identify drug possession for personal use and trafficking of illegal substances. First it was exposed the main considerations on drug law, bringing the legislator aims to promulgate it. The study of the principles and objectives of the National System of Public Policies on Drugs are also essential. When reporting drug possession for personal, Express use in drug law in Article 28, the work provides important information as to its legal nature, the subject assets and liabilities, the safeguarded legal asset, data on decriminalization and legalization, among others. It exposed highlighting the influences and consequences caused by drug use in society, even indirectly. To comparison, also was required to report drug trafficking, as well as the active and passive subjects. Abstract danger crime, trafficking in illegal substances is equated to heinous crimes, due to its severity and caused revulsion in society. Finally exposed is the subjective elements used by police and judicial authorities to identify the individual user of drugs and manage to differentiate it from the publisher's drug trafficking, stressing subjectivity, decommissioning and principle in dubious pro reo.