TDI and Drug Trafficking: Comparison between Brazilian and Argentine Legislations – Part II

Abstract

The article analyzes the incorporation of the criminal law theory of the enemy of Gunther Jakobs in the criminal drug policy in Brazil and Argentina,from two main characteristics, pointed out by the doctrine, as Categories: Restriction of criminal and procedural guarantees and punishment as a security measure for the enemy.Qualitative research used the comparative method, between the two drug laws of the countries, with exploratory descriptive interpellation. It was analyzed and confronted the characteristics of both laws with the theory of Jakobs, and concepts of Durkheim.The countries legislated practically in the same way, with similar expressions and sentences, marked by restrictions of procedural and legal guarantees, establishdifferences between people convicted of crimes of narcotics and other criminals and the adoption of safety measures for the chemical dependents. To despise the idea of security, in terms of criminal law, maybe the first step in reinterpreting criminal law, from the perspective of the basic democratic principles of the rule of law, interpreted and implemented in line with the Human rights.