Criminalização do porte de drogas para consumo pessoal: uma perspectiva jurídico-constitucional
This dissertation has the main objective to assess the legal and constitutional legitimacy of the legislative state act that criminalizes the conduct of carrying drugs for own consumption - in the case of Brazil, art. 28 of the Federal Law n.º 11.343 of August 23rd, 2006. Therefore, it is done, i...
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| Formato: | Dissertação |
| Idioma: | por |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/19851 |
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| Resumo: | This dissertation has the main objective to assess the legal and constitutional legitimacy of the
legislative state act that criminalizes the conduct of carrying drugs for own consumption - in
the case of Brazil, art. 28 of the Federal Law n.º 11.343 of August 23rd, 2006. Therefore, it is
done, initially, a contextualization, pointing the main regulatory frameworks, internal and
external, of what is conventionally called prohibition in the matter of drugs, as well as the
different species of liberalizing initiatives today on an upward trend in the international
scenario. Then analyzes the state intervention in question in the light of references of human
dignity, freedom and privacy, emphasizing, in the point, among other contributions, the
various precedents of foreign constitutional jurisdiction over the theme. Immediately
thereafter, confronts the policy in screen with what is perhaps, these days, the main control
mechanism of the restrictive measures of fundamental rights, namely the proportionality test,
here represented by classical elements of appropriateness, necessity and proportionality in the
strict sense. After that, it examines the criminalization on the agenda before the parameter of
equality and the general interests of health and public safety. Based on theory and empirical
enrolled in the development, it is concluded, finally, the unconstitutionality of the option of
the ordinary legislature to impose criminal penalties on users - problematic or not - of
substances or products capable of causing physical or psychological dependence. |
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