PRIVILEGED TRAFFICKING AND THE OFFENSE TO THE PRINCIPLE OF PROHIBITION OF DEFICIENT PROTECTION

Abstract

This article aims to analyze the crime of privileged trafficking and the possible offense against the principle of prohibiting deficiente protection. To begin with, a brief summary will be outlined of the criminalization orders for drug trafficking, provided for both in the Constitution of the Federative Republic of Brazil, and in international diplomas to which the Brazilian State is a signatory. Furthermore, to collaborate with the interpretation of these criminalization commandments,decisions from the Superior Courts will be addressed, as well as interpretations given by the doctrine on the subject. Subsequently, we will move on to the center of the discussion, that is, the analysis of the criminal type of drug trafficking and, mainly, its subspecies, privileged trafficking and its (o)position in relation to the principle of prohibiting deficient protection. To contemplate the final object of the research, the dialectical procedural method was used, through systematic, comparative and sociological interpretation methods. In relation to the research technique used, indirect and direct documentation stands out, of a theoretical nature, with explanatory objectives, through bibliographic-documentarymeans.