Psicodependência e direito penal: uma análise constitucional da Lei 11.343/06, com base na ideologia curativa da organização mundial da saúde

Abstract

This paper deals with the legal treatment afforded to psycho-dependent individuals in Brazil, using the hypothetical-deductive scientific method for this purpose. It seeks to ascertain if it is possible to adopt the curative and non-punitive ideology used by the World Health Organization regarding the psychodependent in Brazilian Criminal Law, focusing on Special Law 11.343 / 06. It also aims to clarify the nature of drug addiction. In addition, it will examine existing criminal policies on chemical substances, analyzing their influence on the current ideology of the World Health Organization. Finally, it aims to understand what are the criminal consequences and the rights assured to the drug addict in the Law itself, verifying if any penal sanction is directed at this subject. In this way, the research will focus on the provisions adopted by the Penal Code and Law 11.343 / 06, verifying if they are compatible with those adopted by the World Health Organization. To obtain the desired result, specific legal provisions, books and periodical articles will be used on the subject of drugs, doctrines of criminal law and relevant research.