O impacto carcerário da legalização das drogas no Brasil.

Abstract

The object of this study is to examine what would be prison impact caused by the legalization of drugs. Furthermore, it is important to understand that there is the interest of society to have a proper prison system and that in fact fulfills its role as re-socialize the prisoners. From this, it is sought to analyze the current Drug Law Number 11.343 of 2006, as well as its article 33, since it deals with drug trafficking, one of the crimes that affects a high percentage of incarceration, as well as analyzed the quantification of prisoners for the crime of trafficking, seeking to address the main characteristics of these individuals, as well as the number of vacancies (in)available in the prisons, and the percentage of places currently occupied by those imprisoned for drug trafficking, using of the graphs made available by the Federal Penitentiary Department. Therefore, the general objective and the great question to be answered in this monograph is whether there is the possibility of decongesting the Brazilian prisons from the legalization of drugs. Thus, the methodology of this monograph was elaborated by the systemic approach method, it has a theoretical nature, since it was used of analyzes of the reality about the subject, as well as of concepts brought by jurisprudence, doctrine and other bibliographic sources. As for the method of procedure, this is monographic and documentary, analyzed by means of research in jurisprudence, understandings of the courts and doctrines, having as object the bibliographical-documentary. Thus, in this research, the systematic legal interpretation was analyzed, also having a descriptive character. In the end, it became clear that the legalization of drugs would bring a very large economy to the country, as well as be capable of practically ending the problem of overcrowding of prisons.