Drug law

an analysis of dolo configuration circumstances for users and trafficers in the light of dolo's classical and modern theories

Abstract

The subject of drugs is known worldwide for its complex and challenging problems. For this reason, the Brazilian legislator is always seeking to adapt the punitive system to mitigate the consequences of great harm it causes. In Brazil, the current Drug Law has generated dissent in doctrine, when some doctrines pointed out their innovations as positive and others considered them negative, declaring it as scarce in view of the great dimension of conduct that their newsrooms need to address and resolve. Through this research, it was found that, at first, the law does not bring enough criteria to differentiate the user from an agent, the problem falling back on the analysis of the intent without the law providing further details beyond the brief expression “for consumption personal ”in the crime that typifies the user. Thus, it became possible to verify that even with all the updates and changes in the normative instruments, it would be with the use of theories of deceit that would increase the chances of identifying the real intention of the agent. In line with the assessment of the behaviors typified by articles 28 and 33 and the theories of deceit, it would be possible to visualize a much more effective punitive system, because commonly deceit is only verified with apparent and “shallow” bases, where deepening this study, other perspectives and countless possibilities are created. This study used the deductive / descriptive method, in view of the growing concern that plagues the Brazilian punitive penal system. For this, the technique of bibliographic and documentary research was used, which understands and discusses the importance of correct legal assessment.