A constitucionalidade da lei do abate no combate ao narcotráfico

Abstract

This monograph deals with the problems related to the constitutionality of Law 9,614 / 98, better known as the Law of Abate. The study is relevant due to the scenario of massive violation of rights caused by drug trafficking and the need to discuss effective means to combat it, and the Law of Slaughter arose precisely in the face of this justification. However, there is a controversy regarding this law, since its opponents maintain their unconstitutionality for being incompatible with rights expensive to the legal order as the right to life, the dignity of the human person, due process of law and presumption of innocence. Initially, the present study traces the constitutional foundation of national sovereignty and the right to public security to analyze the extent to which the law in question would be necessary and legitimate for the fight against drug trafficking at the national level. The analysis, in principle, is aimed at understanding the concepts of national sovereignty and public security. Next, an examination of the general aspects of Law No. 9.614 / 98 is carried out, aiming at understanding the conditions under which aircraft slaughter is allowed, who is the authority responsible for carrying it out and the legal nuances that permeate the destruction measure. Afterwards, a cross-sectional analysis is carried out, searching for concepts of Political Science and State Theory, evaluating, based on contractualist theories, the premises that justify the presence of the Law of Abate in the Brazilian Legal Order. Finally, from the confrontation of the arguments of opposition and an evaluation of the principles that guide the juridical order, it concludes by the constitutionality of the method of destruction regulated by the law in study