Criminal drug policy: affront to fundamental rights and disproportionality under the argument of health protection

Abstract

In people’s minds, armed and bare-footed traffickers are responsible for the feeling of insecurity that grips urban centers, especially the larger ones. Our risk society tends to make fundamental rights and guarantees more flexible in favor of an overvaluation of security. With regard to drugs, the doctrine points to offenses against several constitutional principles: isonomy, freedom, individual autonomy, intimacy, private life. Through a review of the bibliography, the aim of this article is to verify the hypothesis of non-conformity of criminal drug policy in the face of constitutional principles such as life, freedom, autonomy, private life and proportionality. It concludes that there is an affront to fundamental rights and guarantees present in the Brazilian Constitution of 1988, indicating the need to implement measures for decarcerization, decriminalization and legalization, as well as those that are underway in other countries.