Abstract
The Drug Law currently in force in Brazil, dated 2006, brought important differences between the legal dealings that should be used with drug users and spies who trade with them. The legislation in force, however, receives criticism for granting a certain degree of discretion to legal operators to make such a distinction, and is identified as one of the determining factors for the large increase in incarceration rates that Brazil has been experiencing in recent decades. This article intends to analyze statistical data regarding the prison population and analyze them in the light of Law nº 11.343/06; in addition to analyzing the points of distinction between the Drug Law in force and the old one, as well as the markers of race and gender in the application of this legislation.
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