PUBLIC POLICIES ON DRUGS: ORIGINS AND DEVELOPMENTS OF THE BRAZILIAN PUNITIVE MODEL

Abstract

This article presents a critical analysis of the evolution of drug policies in Brazil, from the colonial period to the present day. The research demonstrates how the prohibitionist model, present since the Philippine Ordinances, has been consolidated as the only strategy to combat drugs over the centuries, undergoing few changes only in the last three decades. Historical analysis reveals a tightening of laws, especially during the Civil-Military Dictatorship, with the criminalization of drug use and the strengthening of the logic of the "War on Drugs". With the promulgation of the 1988 Constitution, there was a paradigm shift, with the recognition of health as a fundamental right and the creation of the Unified Health System. Despite this, the prohibitionist model persisted, although with some nuances. The article reflects on the ineffectiveness of the prohibitionist model in reducing consumption and organized crime, arguing for the need for a more humanitarian approach based on scientific evidence. Finally, the present work also proposed to critically analyze the current public policies, unraveling the characteristics of each one of them.