A questão das drogas: a inconstitucionalidade de sua proibição e os efeitos do proibicionismo

Abstract

The present work aims to analyze the unconstitutionality of drug prohibition according to the principles of lesivity and the minimum intervention of criminal law. In addition, it addresses the issue of prohibitionism, its concept, its ineffectiveness and its real effects and what interests are met with this criminal policy. In this way, we intend to demonstrate the inadequacy of the treatment of the drug issue in our society, and its consequences. To do so, in the analysis of existing literature on the subject, made primarily from the bibliographic review but also with elements of the descriptive approach, this research details the principles that should be part of the understanding of criminal law, emphasizing the two cited as example of what is not respected, namely the principle of harmfulness and the minimum intervention of criminal law. As for the consequences of prohibitionism and its possible reach, the work will show from the incarceration of the poorest population, which has been increasing until the public policy proposals already concerned with such indices and the incipient conversations trying to debate the theme, of the case of chemical dependents as a public health problem, which demands attention and investments in this area and still slipping in the possibility of greater collection to the Treasury with the hypothesis of the taxation of the substances made illicit, to the detriment of the high cost of the policies of prohibitionism and criminalization of poverty