Lei nº 11.343 - Guerra às drogas e as legislações existentes no Brasil

Abstract

This study investigated the changes in Brazilian drug policies, covering alterations in laws and social and political perceptions of drug use and trafficking. The beginning of the study discusses the first regulations, such as the Philippine Ordinances, up to the publication of Law No. 11,343 of 2006, which represents a crucial stage in the history of drug combat in the country. The research demonstrates that Brazil went through different phases, oscillating between various models of repression, prevention, and social reintegration. From the publication of the Penal Code of 1890, the state's first position on drugs focused on the protection of public health. Then, with the signing of international conventions in the early 20th century in The Hague, Geneva, and Vienna, Brazil adopted a stricter stance on trafficking, highlighting increased repression, which intensified in the 1960s, partly due to the War. Through Law No. 11.343/2006, the National System of Public Policies on Drugs - Sisnad was established, seeking a balance between repression and prevention and reintegration and treatment of users in society. Therefore, through this study it was possible to visualize the historical changes regarding the fight against drugs implemented in Brazil, but beyond that, it became evident that even with significant alterations, there are still difficulties in applying an efficient policy that respects human rights and presents effective and more humane solutions.