Princípio da proporcionalidade da tutela dos bens jurídicos sobre o prisma do tráfico de drogas e do tráfico de pessoas

Abstract

This paper aims to analyze the existing legal contradictions in the crime of drug and human trafficking under the bias of proportionality, the basic principle of criminal law. Given this, it is noted the existence of a more severe state reprimand regarding the penalty of drug trafficking, against trafficking in persons. As a result, discussions arise about the violation of this principle and state protection over these legally protected assets, which promotes sharp criticism around the subject. Thus, it is essential to analyze the criminal types mentioned, their normative definition, the contextualization inserted, the beginnings of criminalization and highlight the normative historical evolution in an attempt to understand the state reaction. Human trafficking has its roots in antiquity with prisoners of war, goes through the centuries acquiring as a result of social changes, a market bias, so it is imperative to scrutinize the main forms of exploitation, the dynamics of human trafficking on a global scale, routes, the profile of victims and offenders through data provided by the United Nations Office on Drugs and Crime - UNODC. Drug trafficking has remote roots, bringing over time changes in its substance, where the management was intended for medicinal and ritualistic purposes and only nowadays and acquires a commercial aspect. Finally, doctrinal explanations are made about the principle of proportionality, highlighting its importance and its application in current legislation. It is well known that the penalty must be commensurate with the seriousness of the offense and the injured legal property, that is, there must be a match between the injury and the infringed good, so that a due and fair penalty will arise. However, this aspect is not what overlap, which triggers criticism and questions throughout the work.