DECRIMINALIZATION OR DEPENALIZATION OF DRUGS POSSESSION FOR PERSONAL CONSUMPTION

Abstract

The present work has for object the analysis of drugs possession for personal consumption, described in the article 28 of the Law nº 11.343/2006, in the sense of verifying if there was the decriminalization or the depenalization of the conduct. Therefore, the current Drug Law innovated in the sense of giving differentiated treatment to drug users and addicts, so that the custodial sentence is no longer applied, but alternative sentences as a form of punishment, as is the case of warning about the effects of drugs, providing services to the community and educational measure of attendance at an educational program or course.Thus, the concept of drugs is presented, the conduct of article 28 of Law nº 11.343/2006 is analyzed and observe whether such conduct has been decriminalized or depenalized under the current Drug Law.