THE (IN) EFFECTIVENESS OF THE APPLICATION OF THE WARNING PENALTY FOR DRUG USERS AT THE HEADQUARTERS OF SPECIAL CRIMINAL COURTS IN THE LEGAL ORDER

Abstract

The present study analyzes the (in) sufficiency of the purpose of the warning penalty with regard to the confrontation with the use of illicit drugs in the headquarters of Special Criminal Courts. To this end, we investigated the treatment given to drug users, in order to understand the reasons for the (in) effectiveness of the applicability of this penalty, as well as to compare the old and the current Drug Law, in the search for a better way to proceed in relation to that punishment. The methodological design was built from a bibliographic, qualitative, descriptive, analytical and critical analysis. In the development of the article, controversial aspects of the warning penalty were presented and identified, demonstrating the legal and social effects of its ineffectiveness in the Special Criminal Courts for the national legal system. As a conclusion, it was found that the warning penalty was insufficient, calling attention to the need for cumulation with other penalties, in order to contribute to the improvement of the country's legal system.