Natureza jurídica do artigo 28 da lei 11.343/06 (lei de drogas). Descriminalização ou despenalização da posse de drogas para consumo pessoal.

Abstract

This monograph has as main objective to mestuduo on Law 11.343/06, more specifically targeted towards art. 28, this article which deals with the behavior of the drug user, looking to work the issue of decriminalization and legalization of such conduct, showing the two understandings about the issue, and saying which argument prevails today both in doctrine and jurisprudence. The work starts with the concept of drugs, highlighting what is meant by drugs, then talks a bit about the concepts of crime, saying that adopted in Brazil, the paper also deals with the historical evolution of drug laws, showing how the subject was seen in each of them, until we reach the current drug Law, highlighting the conduct of drug possession for personal consumption and trafficking, showing the main points about these crimes, and finally addresses the specific issue of the monograph, which is about the legal nature of art. 28 of the Drugs Act.