A substância entorpecente e o seu consumidor

Abstract

This paper aims the studying of incrimination of the user of drugs in society. Its purpose is to investigate, as central problems, who is considered to be an user, and who is characterized as a drug dealer in our homeland legislation. Moreover, it is verified if the user of drugs should be worthy of treatment (preventive and educational policy) or criminality (repressive policy). The overall goal, formulated as central hypothesis of research, addresses this fact in light of Bioethics, and its principles, as well as it analyzes cases from Brazil and Argentina, through comparative law. In conclusion, we emphasize that the central subject, although it has been decriminalized in Brazil, it affects public health and it should not have the Criminal Law as the organ of guardianship. With urgency that this case requires, we need the decriminalization this conduct (of using drugs), as it was done by the Supreme Court of Argentina. The education, and if it is the case to use treatments to the user, rather than punishments, seems the most viable alternative.