A subjetividade da lei 11.343/06 na configuração dos crimes de uso e tráfico de entorpecentes e os recentes posicionamentos doutrinários e jurisprudenciais

Abstract

The present monograph aims to analyze the incriminating conducts typified in article 28, caput, and in article 33, caput, of Law n°11.343/2006, known as the drug law. Thus, it investigates the conducts from a jurisprudential and doctrinal point of view, with regard to the existing divergences between the criminal conducts of use and trafficking, in order to point out how jurisprudence, doctrine and Law n°11.343/2006 see the criminal conducts of user and trafficker and how both treat this differentiation in the real plan, from the diagnosis of the profile of each conduct in the legal system. To this end, the research was based on bibliographic references and analysis of doctrinal and jurisprudential positions. It is inevitable to create new objective and precise legal criteria, which demonstrate the difference between the criminal types of the can't of article 28 and caput of article 33, so that it is fully inserted in the law in the formal sense, and not under the discretion or conviction of judicial organs, so that the security in court decisions involving the crimes of this drug law is guaranteed.