The legal and social impacts of the legalization and decriminalization of the use and consumption of illicit drugs

Abstract

This article proposes a discussion about the social and legal impacts of an eventual decriminalization of the use and consumption of drugs, specially marihuana, as well as its legalization as happen in other countries. It is of paramount importance to discuss such impacts, because it is noticeable a movement in Brazil that tends to such acts, however without discussing the issues that may be generated. In that context, this work’s objective is to evaluate the implementation of such decriminalization and legalization policies in a national scope and create a comparative law of some countries that have already accomplished these feats. In the end it was possible to conclude that the policy of complete repression against drugs did not turn out to be ideal, however, it is not possible to assert that benefits will be achieved with the drug tolerance and legalization in this country. Therewith, was detected an urgence to create an effective plan of operationalization of decriminalization and legalization cases so that an analysis of the actual impacts is carried out. An explorative research methodology will be used by deductive method from an qualitative analysis of collected data, therewith, laws, doctrinal and jurisprudential sources about that subject will be used, to look for an answer to the raised problematic.