O estigma relacionados a crimes de droga: diferenciação entre usuários e traficantes

Abstract

This article aims to clarify a often obscure point in legal practice: the distinction between drug users and dealers. But to do so, in addition to the already known penal doctrine, we will treat the social phenomenon of stigma, and how its ramifications can be related to the proposed question. From the most well-known penal doctrine, we will try to clarify what should be the state of action, and how it actually acts, using the ideas of Erving Goffman as a basis for explaining such a difference. Finally, the Drug Law will be critically analyzed, focusing on drug trafficking and possession for consumption, contradictions and points to be improved by the said law will be debated and presented. It is observed at the end that there are still no clear criteria when distinguishing between users and traffickers, depending a lot on the analysis of each judge, who often analyzes the accused individual more than the facts themselves.