A (im)prescindibilidade do laudo toxicológico definitivo, na condenação pelos crimes de tráfico de drogas, no Tribunal de Justiça do Estado do Pará

Abstract

The purpose of this paper is to analyze the position of the Court of Justice of the State of Pará regarding the possibility of conviction in drug trafficking offenses without the definitive toxicological report. To this end, a jurisprudential survey will be carried out in the judgments of the Court, based on the deductive method and considering the provisions of Law 11,343/2006 (Brazilian Drug Law). The central hypothesis is that the Court has condemned people without the report, as remnants of an inquisitorial and prohibitionist policy. In the course of the article, the inquisitorial frame of the criminal procedural system, the delineations of the notion of materiality and truth, and the history of drug legislation in Brazil, in particular Law 11,343/2006, will be analyzed. This research presents itself as relevant, considering that it is about the largest court in the Brazilian Northern Region and that the analysis is about one of the fundamental evidences used at trials of one of the crimes that most imprisons people in the country.