Resumo

CUNEO NASH, Silvio  e  MEDINA GONZALEZ, Paula. Drug courts in Chile. A complement or an alternative to punitivism?. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.162, e17068.  Epub 05-Jun-2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.162.17068.

This paper is a critical study of the Drug Courts in Chile.To this end, it analyses the regulatory context in which they were created within the criminal legislation on illicit drug trafficking. Without prejudice to the existence of drug treatment, it is questioned whether drug courts are an alternative to incarceration. Rather, they are an increase in the punitive net that complements the extreme punitiveness of criminal drug legislation. Furthermore, the eligibility requirements established in Chile’s drug courts prevent the possibility of treatment for many people who might need it, since in their current structure, drug courts combine and confuse public health criteria with notions of dangerousness. In the conclusions it is recommended the maintenance and budgetary increase of drug treatment. However, it is suggested the separation of criminal law assessments or charges from public health criteria. Likewise, as a public policy in criminal matters on drugs, it is recommended the decriminalisation of behaviours and the reduction of penalties in order to build a real path that is decriminalising and respectful of human dignity.

Palavras-chave : Drug Courts; drug treatment; voluntariness; War on Drugs; special positive prevention.