Drugs

some criminal considerations

Authors

  • Lycurgo de Castro Santos

Keywords:

Drugs, Illicit trafficking, Personal use, Unconstitutionality, Minimal intervention

Abstract

The article analyzes Brazilian legislation on narcotics (Law 6.368/76), criticizing the criminal policy of criminalizing trafficking and use. It argues for the unconstitutionality of article 16 (possession for personal use) based on principles of equality, privacy, and minimal intervention of criminal law, contending that there is no substantial distinction between prohibited and permitted drugs (alcohol, tobacco). It distinguishes the professional trafficker from the addict who sells to sustain addiction, proposing differentiated treatment. It concludes that criminal prohibition is ineffective and suggests, without defending full legalization, decriminalization of use and information as more adequate means.

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Author Biography

Lycurgo de Castro Santos

Promotor de Justiça.

References

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Published

1994-01-01

How to Cite

SANTOS, Lycurgo de Castro. Drugs: some criminal considerations. Brazilian Journal of Criminal Science, São Paulo, v. 5, n. 5, p. 120–126, 1994. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3289. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
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