A definição de traficante e usuário no direito brasileiro: considerações a partir da Teoria do Etiquetamento Social

Abstract

This study proposes a critical reflection on how the Brazilian legal system, through Law No. 11.343/2006, distinguishes between drug users and traffickers in light of Labeling Theory. The research problem lies in the absence of objective criteria for this distinction, which allows judicial decisions to be influenced by subjective factors such as appearance, social background, and race. Thus, the study is justified by the relevance of the topic within the Brazilian legal and social context, where penal selectivity has contributed to the criminalization of historically marginalized groups. The general objective is to analyze the impacts of the absence of lex certa in the concepts of "trafficker" and "user," as defined by drug legislation, and how this normative gap influences the dynamics of criminalization and stigmatization in the country. The methodology employed is qualitative and bibliographic, based on critical criminology scholars, legal provisions, and judicial decisions. Regarding its objectives, the research adopts an explanatory approach, aiming to provide a deeper understanding of the issue under analysis, making it clearer and more detailed, and thus enabling the verification of hypotheses related to the theme. Consequently, it is concluded that the lack of clear normative criteria contributes to the discretionary actions of legal actors, reinforcing social labels and perpetuating selective and discriminatory practices. The recent decision of the Federal Supreme Court, which establishes objective parameters to distinguish users from traffickers, represents progress. However, there is still an urgent need for legislative and institutional reforms to ensure greater equity and legal certainty in the application of drug laws.