The reporter of the habeas corpus that has debated the question, minister Og Fernandes, voted in felt to recognize the material unconstitutionality of expressions contained in articles 33 and 44 of the new Toxic Law (Law N. 11,343/2006). ‘ ‘ This measure, if approved will be, will be a disaster of great ratios for the Policy and the society in general, therefore in the practical one we would be liberating of time the traffic of drugs, that is, all the dealers, great or small always would be hidden behind this shield. All the dealers for certain would fractional the drugs in small amounts of papelotes or trouxinhas and would walk to perhaps negotiate the product despreocupadamente, until freely, time that would be convictos that its punishments in case of caught in the act delict would be only simple alternative penalties, that is, penalties applied for the practitioners of minor crimes to be able offensive. Another item highly complicated and complex would be the fact of Policia in full instant to prove the linking of the dealing small presumption with the organized crime. However, dealer is dealing! If the small dealer receives the drug from the great dealer who is on to the organized crime, then all are linked, ademais all they the same cause curse to the user of the drug and the proper society.