O IMPACTO DA SELETIVIDADE PENAL NA LEI DE DROGAS

Abstract

This article used the theoretical foundation, making use of an existentialist tendency of a basic nature, based on critical criminology through an integrative bibliographic review for data collection, using the analytical-synthetic and deductive logic as a procedure, the analysis of information was carried out by analogies , perceptions, studies of articles and judgments about the subject, comparison between scholars, and the study of research and facts. The objective of this analysis was to address the reason why the drug law and its recent changes had as its main result the exacerbated overcrowding of low-income people in Brazilian prisons, taking into account all the flaws in the norm related to drugs and identifying the legal consequence of criminal subjectivity on this topic. It is necessary to understand that selectivity does not arise from the moment the subject is detained, but from the moment he is born, depending on his social conditions, as if he were condemned only for living in a territory seen as dangerous or simply by the color of your skin. With the new drug law, being considered a dealer or a simple user has to do primarily with the individual's social origin: if he has financial conditions, has a renowned profession and lives in some central neighborhood of the capitals, he will hardly be considered a drug dealer. With the formation of stereotypes, the figure of the drug dealer is built, which will matter in his qualification as a user or dealer at a later time. Therefore, this discussion is, in fact, very important, as there are several implicit issues when it comes to drug trafficking, as the legislator did not bother to detail the specific amount of drugs to be applied to art 28 (user) or art 33 (trafficker), there is no apparatus in the law that presents objective criteria to differentiate the figure of the trafficker from that of the user, causing this arbitrariness in Law nº 11.343/2006 to have irreversible impacts on Brazilian society.