PUBLIC POLICIES ON DRUGS IN BRAZIL: A CRITICAL LOOK AT THE IMPACTS OF THE DRUG LAW AND THE CHALLENGES OF THE PUBLIC SECURITY SYSTEM IN BRAZIL

Abstract

The study analyzes the impacts of the 2006 Drug Law (Law No. 11.343/2006) on the public security and criminal justice system in Brazil, highlighting the challenges and consequences of the prohibitionist approach. The STF's decision on the constitutionality of article 28, which deals with the possession of marijuana for personal consumption, is discussed in contrast to common sense about the criminalization of use. The research points out that the repressive posture resulted in an increase in incarceration, mainly affecting small traffickers and perpetuating social and racial inequalities. The lack of objective criteria to distinguish users from traffickers and the inefficiency in cooperation between security forces and the judiciary have aggravated the problem, favoring the rise of criminal factions. Using literature review and qualitative analysis, the study consulted scientific articles, books, and statistical data through platforms such as Google Scholar. Documentary compilation and syntopical reading techniques were applied to identify convergences and divergences in the arguments. The work rescues the trajectory of drugs, the first regulations influenced by international guidelines and the debate of organized civil society. In summary, it questions the effectiveness of the current policy and exposes the need for alternatives focused on public health and social justice, recognizing the limits of the current model without proposing a new policy. The reflection seeks to stimulate a critical debate on the direction of drug policies in Brazil.