El principio de lesividad en las sentencias de drogas. Un análisis a su aplicación.

Abstract

The purpose of this work will be to analyze the principle of lesividad and its operability. For this we will begin by giving a brief introduction about the principle, its constitutional derivation, its forecast in the international instruments on human rights and the implication that derives from it in the law. We will refer to the cases in which a very significant impact of the legal right is verified and to the study of the problems posed by drug crimes. Taking recent failures as a reference, we will finally try to establish our position on the interpretation and scope that in our opinion the principle of lesividad deserves today. Our anti-drug legislation has taken on the task of punishing everything, creating false conceptions of a risk society. Legislation that transgresses the Constitution and violates the right to the free development of the personality, the lack of analysis of the principle of lesividad in the conduct typified as possession or possession of drugs, that beyond not solving the problem of consumption, ends up being the ideal figure to cover from the sale to the same consumption, criminalizing the most fragile link of the whole chain.