O tráfico de drogas ilícitas e a distinção entre usuários e pequenos traficantes: histórico global, cultural e social, aplicabilidade prática e contextual da norma no Brasil e o respeito ao princípio constitucional da individualização da pena

Abstract

It is known that illicit drug trafficking, nowadays, is no longer just a criminal problem but has become a complex social problem, given the visible change in the structure of society with the advancement of drug trafficking throughout the national territory. . For this reason, in 2006, the need to modernize anti-drug legislation was seen since the old Law No. 6,368 of 10/21/1976 was already outdated in its applicability to the directions that drug trafficking has taken today, especially in that it refers to the differentiation between large drug dealers, small (or occasional) drug dealers, and mere drug users. With the enactment of Law No. 11,343/06 of August 23, 2006, the fight against trafficking gained new vectors of action and methods of application, with modern and updated legislation to repress and, in a certain way, treat the problem of the use of narcotics, with repression aimed at illicit drug trafficking and criminal associations created for this purpose, with stricter penalties, especially fines, given the primary purpose of easy profit. In this vein, given the visible observation of the social problem arising from illicit drug trafficking, a differentiation between large and small drug dealers was included, the latter being termed by the doctrine as privileged trafficking, in addition to the real understanding regarding the mere user of narcotics, the subject of this study. Finally, the methodology was focused on the field of jurisprudence and the constant doctrinal evolution on the subject after the entry into force of the current anti-drug legislation, the results of which, seen in the end, are positive in raising the level of debate on the issue and having a clearer vision of the broad scope of its functioning in judicial practice