Drogas: responsabilidade, política criminal e justiça

Abstract

This master´s thesis aims to identify the relationship between the drug issues and the criminal responsibility, criminal policies and justice. The research follows the analysis of the drug concept once related to state mechanisms of intervention through the criminal sanctions. Moreover, it identifies e describes the elements responsible for the construction of the criminal responsibility related to drugs. It highlights the historical backgrounds of the substance criminalization process, pointing to the origins of the prohibition policy. Ahead, it reflects on the dogmatic legal thoughts and stablishes dialogue with the contemporary thinking on criminal responsibility. It identifies the functions and concept of Criminal Policy and its relation on the illegal drug issue. The research describes the principles which stablish boundaries to the state interventions by the criminal policy. The rule of the Supreme Court is enhanced by its relationship between the legal protection and private autonomy. From the idea of reflexive jurisprudence, it focuses on the meaning of reflexive justice and its contribution to understand the illegal drug subject. Finally, it analyses the necessity to discover once more the values of justice and friendship from Aristoteles’s concepts.