Do marmitex ao STF: o debate sobre a inconstitucionalidade do artigo 28 da Lei de Drogas

Abstract

This research, for the purpose of obtaining a master's degree in Public Security, Justice and Citizenship/MPSPJC, from the Study, Research and Training Program in Public Security Policies and Management – PROGESP - Federal University of Bahia, intends to analyze the legal debate in around the unconstitutionality of article 28 of Law 11.343/06, which classifies the personal use of drugs as a crime, having as its source the arguments presented arguments presented in the records of the process that resulted in the conviction of an inmate in the prison system of Diadema (SP) for possession of 03 grams of marijuana packed in a “marmitex” in his cell. The records include the Public Prosecutor's Office's initial brief (Complaint), backed by a police investigation, the sentence handed down by the first instance, the appeal to the São Paulo Court of Justice, opinions from the Public Prosecutor's Office, petitions from the São Paulo Public Defender's Office and, finally, the Extraordinary Appeal to the Federal Supreme Court (STF), which aims to declare the unconstitutionality of the mentioned device, on the grounds of violation of the constitutional principles of the inviolability of the user's privacy and private life. In addition to these documents, the reasons and arguments given by the “amicus curiae” who offered written arguments upon authorization will also be the subject of research. Ultimately, we intend to analyze the arguments for and against the declaration of unconstitutionality in search of some theoretical formulation based on the data found.