Direitos humanos como base para a política internacional de drogas

Abstract

The fight against drugs is a relevant theme for the international community. The damage to public health caused by drug use is notorious and uncontroversial. The user, both occasional and habitual, can have serious consequences - physical and mental - due to drug use. Also known are the social ills that the illicit trade in psychoactive substances generates, such as the strengthening of criminal organizations and, consequently, the increase in violence. The main international documents dealing with the theme focus on the peremptory prohibition of the production, trade and consumption of such substances, and aim to remove them from human life. However, the adopted strategy of prohibitionism, in addition to not achieving the intended objectives - as it does not impede the circulation and access to drugs - aggravates the problems it intends to address. Aside from this, it violates human rights such as freedom, privacy, intimacy, autonomy of will, due process of law, presumption of innocence and public safety. In short, the current drug policy - by giving an eminently criminal focus to conduct involving illicit substances - does not adequately address the user. Moreover, it causes significant damage to vulnerable groups whose rights are systematically violated due to the approach taken. Thus, it is relevant to adopt a new practice that addresses the issue from the perspective of human rights. The purpose of this paper is, based on normative and bibliographical analysis, and founded on International Human Rights Law, to demonstrate this need by describing the current scenario of international drug policy, highlighting how it is contrary to human rights and pointing out possible more effective alternatives to address the problem.