Decriminalization of personal use of drugs: article 28 of the drug act

Abstract

This final course work, written in the form of an article and based on doctrine, legislation and case law, addresses the decriminalization of personal drug use, which is provided for in Law 11.343/2006. In general, this work portrays a decriminalization of the conduct of carrying drugs for personal use, after all, it is directly linked to the amount that the individual is carrying. The main fact is in article 28 of the drug law (11.343/2006), which establishes that anyone caught carrying drugs for personal use will not be arrested, but may receive measures such as a warning, community service or participation in educational programs. Although possession for personal use does not lead to arrest, it is still considered an infraction and may result in measures such as a warning, community service or participation in educational programs. This study will address Extraordinary Appeal RE 635659, which discusses the compatibility of art. 28 of Law No. 11,343/06 with art. 5, item X, of the Federal Constitution. The central debate is whether criminalizing possession for personal use violates these constitutional rights, also considering the public health approach. The justification for the research lies in demonstrating that criminal law still remains selective in the police approach, which refers to the way in which the criminal justice system tends to apply the laws unequally. The conclusion of the study is to demonstrate that the Supreme Federal Court (STF) is unable to effectively implement the effects of decriminalizing the conduct of carrying a narcotic substance for personal use.