“Apaga a fumaça do revólver, da pistola”: o saldo negativo da guerra contra as drogas e a violação de direitos fundamentais

Abstract

This paper aims to investigate the policy of criminalizing drug use and violations of fundamental rights caused by the war on drugs. Brazil's current drug policy follows the repression model launched in the United States of America, and the drug debate has been organized around scientific discourses that set the issue, sometimes as a public security problem, sometimes as Public health problem. On this path is declared the war on drugs, that as every war is a violent, bloody battle, which causes deaths, destructions and violations of rights, being that, according to Karam (2013) The war is much more lethal than the consumption of drugs itself, besides being Incompatible with the policy of harm reduction, guaranteed in the same drug policy. The research emphasizes the inefficiency of the law 11.343/06 in relation to drug trafficking and consumption. It is also emphasized the trafficking in border countries, as is the case of Brazil with Paraguay, a place that is the gateway to most drugs in Brazil and an investigation is raised with the border of Brazil with Uruguay, since the country adopts a policy of D Different Rogas. Our research sought to understand how harmful and ineffective is the war on drugs, with a view to increasing the consumption of these substances in cities and the inability of the State to control such substances, which drives the entire illegal market of trafficking. We use the guarantor Theory of Luigi Ferrajoli, which when applied in drug policy, guarantees the protection of the consumer citizen by employing the fundamental principles of the rule of law, in addition to Salo de Carvalho and Maria Lucia Karam, seeking Thus to aggregate analyses and reflections on drug policy, fundamental rights violations and the incompatibility between prohibitionism, rights guarantees and harm reduction policy. In this way, we will complement and contribute to the production of the research line to which it is linked: human rights, Citizenship and frontiers.