Penas alternativas
Palavras-chave: Tráfico privilegiado. Penas alternativas. Vedação da conversão. Individualização da pena. Proporcionalidade.
Abstract: The latest Drug Law (Law 11.343/2006) innovated the native legal system to decriminalize the consumption of psychotropic substances, while giving more stringent treatment to the dealer, denying this, including in any event, the possibility of conversion of sentence of imprisonment for alternative sentencing. This prohibition has generated many doctrinal and jurisprudential clashes on the constitutionality of that fence when it comes to cases of trafficking privileged. In this context, is the object of the present study was to analyze the art. 33, § 4 of Law 11.343/2006, which handles the case of trafficking privileged and the prohibition of such a conversion, it hurts or not the constitutional text in light of the principles of individualization of punishment and proportionality, in that, while providing less guilty for trafficking privileged elect the most violent and consequent sanction.