Análise da constitucionalidade do crime de posse de drogas para consumo pessoal previsto no artigo 28 da lei de drogas (Lei n. 11.343 de 2006)

• Autor(a) principal: Soares, Heloísa Corrêa
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5862
• topic: Direito penal; Controle de constitucionalidade; Drogas - descriminalização; Uso de drogas

This monographic work, analyzing the constitutionality of criminal drug possession, laid down in article 28 of the law (Law No 11,343/06), aims to trace a history of drugs and discuss the unconstitutionality of this felony analyzing it in confrontation with penal principles: the lesividade and minimum state intervention; and constitutional principles: the privacy and intimacy. Thus, the survey was conducted, under the aspect of your approach, by the deductive method, since constitutional and penal principles were analysed, as well as was analyzed the Drug Law and law of criminal and special courts also doctrines and case law, so if you could reach a specific conclusion on the subject proposed. As regards the kinds of research about the level, this work was done based on the exploratory research; with regard to the procedure, the bibliographical research; and, as for the approach, the research was the qualitative. This work has as its main questioning if it's unconstitutional crime of doing drugs for personal consumption, and after studies, it is concluded that the offence of acting drugs for personal consumption is unconstitutional before the principles of life private, intimate, lesividade and minimum state intervention.