Análise dos Aspectos Subjetivos do artigo 28, §2º, da lei 11.343/2006 e sua relação com o encarceramento

Abstract

This paper addresses drug policy and its relation to mass incarceration in Brazil and critically examines the role of the judicial system in this process. In the search for an explanation for the growth of the incarcerated, it examines the distinction between users and traffickers and the contradictions for the establishment of this difference, addressing a characteristic of the legal-penal structure. It also discusses the unconstitutionality of article 28 of law 11.343/2006 and the subjective aspect of §2º, article 28 of this law, investigating if judges and penal agencies have difficulties in applying the law in a homogeneous way, thus leading to problems and socio-political issues, as well as developing discussions about the police circuit, process and prison.