A subjetividade na caracterização do traficante: uma análise dos autos de prisão em flagrante em Teresina-PI por tráfico de drogas nos meses de agosto e setembro de 2017

Abstract

The present work analyzes the subjectivity in the legal characterization of the trafficker, using as parameters the arrest warrants for drug trafficking in the Teresina-PI region along the months of August and September 2017 and Law 11.343/06, the “Law of Drugs”, using documentary and legislative research, with a qualitative approach, through the inductive method. Along the work the legislative evolution of the repression to the drugs will be assessed, from remote times to contemporaneity. Next, the drug enforcement by the police in Teresina-PI will be presented, with the outline of informative graphs. Subsequently, the Theory of Criminal Law of the Enemy of Jakobs and its application with respect to Drug Trafficking will be covered as well. At the end of the work it will be possible to demonstrate that, although not expressly, the Criminal Law of the Enemy is a reality lived in the drug policy in Brazil, and more specifically in Piauí, and that there is an urgent need for a reform in the system of repression that is compatible with the Democratic State of Law and its guarantees.