Direito penal do inimigo: a desproporcionalidade da aplicação da pena no crime do tráfico de drogas

Abstract

The aim of this study is to present arguments, based on the legal doctrine of the Criminal Law of the Enemy for the penalty to be imposed on major drug traffickers and thus from the methodology of literature, presenting the specific goals of defending the Principle of Proportionality of sentence for the classification and punishment of major drug traffickers in Brazil; demonstrate the differentiation of greater and lesser gravity of the crimes committed by large and small drug dealers, and reference the proposed project would result in the modification of current laws . There is, therefore, that the drug trade is already being considered by experts as one of the main factors associated with urban violence, noting that throughout Brazil is increasingly growing number of young people killed because of involvement in drug trafficking drug, usually called the "reckoning", which do not appear in the real criminals, the owners of the traffic that print orders to kill anyone who disobeys them or should. We conclude that this issue involves serious social issue, because as is widely reported by the media settles where crime and the state government are absent, and this situation has demanded the return of these territorial communities by the government that this can needs and implement social policies rescue these small dealers, which may be considered more victims of a social situation of vulnerability than actually criminals, noting that thus is the big dealer the real criminal, not defending himself, however the absence of culpability and punishment of the small dealer, but that the large print dealer severe penalties, considering that is an enemy of society (as well as the Criminal Law stipulates the Enemy) and that he be fined in proportion to the crime committed .