The unconstitutionality of criminalization of drugs for personal use

Abstract

The aim of the present study is to discuss the criminalization of drug possession for personal use. The problem proposed is how the typification of this conduct can hurt principles consolidated in the Federal Constitution. The methodology used was bibliographic and jurisprudential research. The delimitation criteria used were the section 28 of Law 11.343/2006, the decisions of the Brazilian courts and the Brazilian Federal Constitution. Finally, examination of Extraordinary Appeal no. 635,659, addressing the votes so far handed down by Supreme Court ministers. With these analyzes, it follows that a person should not suffer criminal reproach for self-destructive conduct. It is extremely important to highlight the criminalization of the possession of drugs for personal consumption violates the dignity of the human person, the autonomy of choice, the freedom, among other fundamental rights. It remains evident, according to the position of part of the doctrine, also, as some ministers of the Supreme Federal Court that section 28 of the Drug Law is unconstitutional.