Banca de DEFESA: GERIVALDO ALVES NEIVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : GERIVALDO ALVES NEIVA
DATE: 20/07/2023
TIME: 13:00
LOCAL: https://conferenciaweb.rnp.br/ufba/progesp
TITLE:

From marmitex to STF: the debate on the unconstitutionality of article 28 of the Drug Law

KEY WORDS:

Drugs; prohibitionist; super incarceration; unconstitutionality; judgment; STF; violation of the constitutional principles of the inviolability of intimacy and private life.

PAGES: 141
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

This research, for the purpose of obtaining a master's degree in Public Security, Justice and Citizenship/MPSPJC, from the Program of Studies, Research and Training 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 typifies the personal use of drugs as a crime, based on the arguments presented in the documents of the process that resulted in the conviction of a detainee in the prison system of Diadema (SP) for possession of 03 grams of marijuana packed in a "marmitex" in his cell and in the Extraordinary Appeal before the Federal Supreme Court (STF) to declare the unconstitutionality of the article of the law. The process contain the initial document from the Public Prosecutor's Office (Denunciation), backed by a police investigation, the sentence handed down by the first instance, the appeal to the São Paulo Court of Justice, opinions of the Public Prosecutor's Office, petitions from the Public Defender's Office of São Paulo and, finally, the Extraordinary Appeal to the Federal Supreme Court (STF), whose object is the declaration of the unconstitutionality of the mentioned article of the law , on the basis of the violation of the constitutional principles of the inviolability of the user's intimacy and private life. In addition to these documents, the reasons and arguments expounded by the “amicus curiae” who offered written allegations at the time of qualification will also be objects of research. It is intended, at the end, to analyze the arguments for and against the declaration of unconstitutionality in search of some theoretical formulation based on the data found.

COMMITTEE MEMBERS:
Externo à Instituição - MARCELO DA SILVEIRA CAMPOS - UFJF
Interna - 2016004 - MARIANA THORSTENSEN POSSAS
Presidente - ***.465.185-** - RICCARDO CAPPI - UNEB