Analysis of the constitutionality of art. 28 of the drug law and the decriminalization of drug use

Abstract

This legal article will analyze the constitutionality or not of the criminalization of drug use and the consequent possibility of decriminalizing this offense provided for in Law 11.343 / 06. The current law that regulates the National Public Policy System on Drugs foresees as a crime in art. 28. The legal discussion about the constitutionality of this article is due to the fundamental principles of intimacy and private life, which, in theory, would be violated from the typification of this conduct. Although the issue is pending analysis by the Federal Supreme Court, it can be concluded that Article 28 of the Drug Law is constitutional. The research methodology used was qualitative and deductive logic.