Os impactos do artigo 28 da lei n° 11.343/2006 na gestão processual no âmbito dos juizados especiais criminais

Abstract

The monographic work sought to address the use of drugs, mainly due to the character brought by Law n. 11,343/2006, according to public policies and their care character. The current model brought a differentiated perspective even on the measures to be applied, being governed by Law No. 9099/1995, with a view to speed, provided that in compliance with articles 28 and 48 of the Drug Law. It cannot be forgotten that as a result of this responsibility assumed by the Courts, there was a clear overload, mainly due to the scheduling of the preliminary hearings. As a result, the study is premised on analyzing how the decrease in the flow of actions in Jecrim could occur, through a differentiated proposal in the author's experience in the Forum of the District of Brumadinho. The flowchart assumes a role of replacement of the current model through personal notification to the user, through a mandate by the bailiff who will be in charge of explaining the damages of the drugs, about the penalty applied 'warning' and the consequences of non-compliance with this. The proposal is in line with the provisions of Law No. 11,343/2006 and the principles of Law No. 9099/95.