Drugs in the Armed Forces , user profile and criminal persecution:

the question of unconventio-nality of article 290 of the Brazilian Military Criminal Code

Abstract

The purpose of this paper is to profile the drug users in the Armed Forces and to analyze the unconventionality of article 290 of the Military Criminal Code (MCC), that criminalize the simple drug possession for personal use in area under military administration. The research pointed out that the aforementioned article mainly serves for the incrimination of drug users, young Privates and Specialists of 18 to 21 years of age, low income and low level of education, most of whom perform compulsory military service, which, at the time of the crime, were unarmed, did not perform service of call and were caught at the possession of a small amount of marijuana for personal use. Since it is a vulnerable group, the three international drug control conventions and the Resolution S-30/1 adopted by the UN General Assembly at the Special Session on Drugs (UNGASS) 2016 require the implementation of age-appropriate practical measures as well as the protection of the health, safety and well-being of these vulnerable members of society. However, instead of adopting such social and public health measures, Brazil continues to imprison drug users based on Article 290 of the MCC for up to five years. Therefore, that article obstructs the fulfillment of the international commitment made by Brazil to UNGASS 2016 and violates the mentioned UN Conventions. In view of the above, it is defended the unconventionality of art. 290 of MCC and the consequent decriminalization of simple drug possession for personal use in area under military administration.