O Direito penal da guerra às drogas: a necessidade de critérios objetivos que diferenciem o usuário do traficante

Abstract

This monograph addresses the need for objective parameters in the drug law, demonstrating their importance for greater legal certainty, given the imprecision of the criteria introduced by Law 11,343 / 06. In this approach, a history of the criminalization of drugs in the world and in Brazil. Following the historical approach, a analysis from the criminal point of view, making the doctrinal classification of traffic and use of drugs, as well as a survey of the treatment given to the Law in higher courts. Finally, in the last chapter, the presentation of the current parameters of differentiation of ducts, demonstrating their imprecision. Subsequently the presentation of proposals for scenarios to be adopted with a view to greater objectivity in the application of of law