Lei 11.343/2006: análise acerca do proibicionismo e reflexos do rescrudescimento da política de guerra às drogas no Brasil

Abstract

Since the Republican Code, Brazil has experienced an endless war on consumption and trafficking of illicit substances under the influence of American prohibitionism, with the justification of protecting public health from the harm caused by psychoactive substances. Fifteen years after the enactment of Law 11.343/2006 that brought significant discussions about drug law in the country, the present article is based on the research question: What are the consequences of the war on drugs policy in Brazil? In this way, the general objective is to discuss, through the dialectic method, the consequences of the applicability of Law 11.343/2006 in three aspects of society, specifically, prison, public health and the financial investment of the state in the fight against drugs. The specific objective is to analyze the origin of the prohibition of psychotropic substances and the beginning of the prohibition of these substances in Brazil, and then, based on the understanding of the genesis of the problem, to demonstrate to what extent the state, using criminal law as its main instrument, through Law 11.343/06, fulfills its role of protecting the protected legal interest: public health. The methodology is based on the analysis of articles published in criminal law academic journals, Master's, Doctorate and Postgraduate academic articles as bibliographic review, data collected from the Brazilian Yearbook of Public Security for the year 2019/2020 and from the Penitentiary Department to support the justification.