Dissociative Identity Disorder (IDD) and Drug Trafficking: Comparison between Brazil and Argentina Legislations - Part I

Abstract

This paper analyzes the incorporation of the criminal law theory of the enemy of Gunther Jakobs in the criminal drug policy in Brazil and Argentina, providing a vision of how individual and collective interests in narcotics trafficking are by criminal law. This qualitative research was based on the comparative method, between the drug laws of both countries, with an exploratory descriptive approach. After the elaboration of two categories of analysis, starting from the paradigm of the theory of the criminal law of the enemy, the laws were compared and confronted with the characteristics of the theory, analyzed from the concepts of Durkheim. The common terms, found in the legislations of States, show the criminalization of conducts practically the same way, with very similar expressions and sentences, marked by restrictions of procedural and legal guarantees.