Incident faults because of drug possession for personal use:

an empirical analysis

Abstract

Given the disproportionality between the punitive effects of the incident faults for drug possession for personal use (incarceration effect) compared to the sanction provided by the Drug Law (administrative effect), this study aimed to identify the legal arguments conveyed in the jurisdictional sphere (case law analysis procedure) that support the unequal treatment given to users in closed environments. Thus, the objectives were (first) to dogmatically discuss the punitive effects of drug possession for personal use for users in both free and confined environments, and (second) to conduct a qualitative-critical diagnosis of the arguments mobilized to sustain this disproportionality, through a case law analysis procedure. The analysis of these decisions identified a moralistic approach in the reading of individuals deprived of liberty, demonstrating that the narratives produced in judicial decisions engage in imprisonment processes through purely punitive discourses.