Art. 1o Estão sujeitos a controle e fiscalização, na forma prevista nesta Lei, em sua fabricação, produção, armazenamento, transformação, embalagem, compra, . The enactment of Law no 11, in showed that the authorities in Brazil were .. A. Nova lei de drogas comentada: artigo por artigo: lei , de Disponível em: soundofheaven.info . Com a entrada em vigor da Lei de Drogas, Lei no /, o Brasil estabelecia .. Disponível em: soundofheaven.info soundofheaven.info
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7 ago. Código de Processo Penal, o Código Penal e a Lei Art. 1º Esta Lei cria mecanismos para coibir e prevenir a violência doméstica e. cria o Conselho Nacional de Assessoria,. Pesquisa e Avaliação para as Políticas sobre. Drogas, altera as leis , de 23 de agosto de , , de 25 de. 11 dez. 66 da Lei n. /06, ampliou-se o rol de substâncias abarcadas pela criminalidade de tóxicos, incluindo-se aquelas sob controle especial.
Privacidade e cookies: After this procedure, the addict or user is warned about the effects of drugs, sentenced to community service or educational measures by attending an educational course or program. If there is no legal authority on duty, they should be arraigned to attend court in due course. Simplesmente, um excelente trabalho, nos auxilia em muito em nosso aprendizado. Acselrad G.
However, if the individual is in the presence of children and adolescents, or near to schools or other places with a concentration of children and adolescents, this decriminalization is not effective 5. Finally, the constant instability of this subject is recognizable, it is an extremely changeable topic, constantly updated. Apparently, the possibility of such institutionalizations will follow these steps: The District Attorney evaluates the medical reports and delivers an opinion to the judge who may or may not order institutionalization 6.
In the s, Portugal had the highest rate of drug abuse, especially heroin.
Based on a comparison with the European Union context, drug use was clearly higher in Portugal than in the other countries. The consequence was a high crime rate as well as the proliferation of sexually transmitted diseases such as HIV, hepatitis B and C through contaminated syringes 7. Faced with the high rate of drug use by the Portuguese population, the authorities wanted to reduce this rate and, automatically, reduce drug-related crimes.
In that scenario, as Glen Greenwald explains, a council of specialists, the members of which were doctors, psychologists, doctors in drug policy and a sociologist, was convened in order to discuss the situation, asking if there was an effective way of solving the drug use problem 7.
The commission worked on this mandate for 18 months. At the end of this period they published an academic report indicating decriminalization as the best way of decreasing the serious drug problem.
Starting with the legal formalities, Portugal headed towards decriminalizing drug consumption rather than legislation, as the country is a signatory of various international treaties that do not allow such conduct. Repressing drug dealing in Portugal is clearly expressed. Thus, in general, if an individual is arrested consuming or carrying illegal substances in quantities not exceeding 10 days personal consumption verified on a case by case basis, as exceeding the limit is classed as dealing , they are passed on to a Discussion Commission for a clinical analysis in order to determine whether the individual is an addict or a recreational users, as treatment differs in each case 7.
In the case if addiction, the individual will be invited to attend a treatment center.
The individual may not accept the treatment, but if they are arrested again for consuming drugs they may be subject to penalties, such as community service, having license to carry arms for defense, hunting, training or recreation forfeited, prohibited or revoked, having social security benefits revoked or being banned from frequenting certain places, among others.
If use is deemed to be recreational, the individual is referred for treatment, giving them the opportunity to discuss situation related to their personal life with others. Previously, in cases of occasional use, the penalty could be waived. It is also important to highlight that the aim of decriminalization in Portugal was not to cease to censure drug consumption.
As drug consumption is of great concern, it is opportune to introduce, briefly, the creation of the Institute for Drugs and Drug Addiction IDT , in This is a central Ministry of Health service, directly integrated with State administration, although autonomously administered. The aim of the service is to encourage reducing the consumption of psycho-active substances, as well as preventing addictive behavior and decreasing addictions 8. Brazil and Portugal — similarities and differences.
Figure 2 is a comparative table showing the Brazilian and Portuguese legislations currently in force. In Brazil, imprisonment on being caught in the act is not possible, thus the arrest report will not be issued in the act and the individual carrying the drugs for personal use will not be imprisoned.
The offender, a possible addict or user, should be referred immediately to the appropriate court. If there is no legal authority on duty, they should be arraigned to attend court in due course.
In the absence of a judge, then, the police authorities should draft the incident report and order expert examinations. After this stage, the suspect will undergo a forensic examination if necessary or if the police authority deems it appropriate, and then released.
At the hearing, the Public Ministry will propose a penal sentence, this being a type if agreement in which the responsibility, or otherwise, of the offender is not contested.
If the offender accepts the deal, their lawyer will need to be present. In Portugal, an individual caught with illegal drugs, providing it does not exceed the limit, will be sent to a Discussion Commission.
Here, they will analyze whether the individual is an addict or a user, in order to determine the correct treatment. If addiction is identified, the individual will be invited to attend a treatment center. It should be emphasized that the consumer may refuse to accept treatment. The consumer will be identified and if necessary searched and if found in possession of the substances will be referred to the appropriate committee.
The processing of the contraventions and applying the respective sanctions is the responsibility of an appointed drug deterrence committee. The possible executions of fines and alternative sanctions falls to the civil authorities. The commission listens to the consumer, with all elements convened to make a judgment.
Whether the individual is a drug addict or not, what substances he had consumed and in which circumstances, where he was found, his economic situation, in other words, a series of facts are analyzed. At the consumer's request, a therapist of their choice or in whom they trust may participate in the process. The commission may propose or request appropriate medical examinations, such as blood or urine. It is worth pointing out that this commission is a decision making body composed of three individuals, a lawyer, a psychologist and a social care worker, supported by a technical team.
To have voluntary treatment, the consumer may use either public or private services. As mentioned above, if the individual is found to be an addict, he will be invited to attend a treatment center, and may accept or not, although if he does not accept and is later caught again, he will be subject to certain penalties.
Agreeing to treatment is, then, the most sensible option. As for occasional users, this individual will be given the opportunity to discuss and analyze certain subjects related to how he lives his life, among other. Based on this, some are referred for treatment, as they are found to be addicted. Some similarities and differences for those caught carrying illegal drugs for personal can be pointed out between the Brazilian and Portuguese legislation.
The Brazilian Law identifies as user or addict whoever acquires, stores, possesses, transports or carries illegal drugs for personal use. Drug consumption is considered a crime, being of a criminal nature.
In Portugal, such consumption, depending on the amount, is not a crime, being of an administrative nature.
The goal, both in Portugal and in Brazil is for the addict to recover, along different paths. Although in Brazil consuming small quantities of drugs is a crime, whereas it is not considered to be so in Portugal, the main goal of both is to treat the addict and for them to recover.
It is impossible not to comment on the various data that appear concerning decriminalization of drug consumption in Portugal, that is, concerning the individual found consuming drugs. In relation to this material, news items stating that drug consumption in Portugal has increased, as have deaths related to drug consumption stand out. Such statements contradict the analysis of the reports given in this study 11 and show the complexity of the problem of drug consumption.
For example, Figure 3 shows the continuous rate of consumption according to type of drug for the Portuguese population overall and for young adults. It can be seen that there was a decrease in this rate between and in the young adult population years old compared with the population aged between 15 and 64, where the decrease was still greater.
Brazil also has data on combatting drugs that confirm the obstacles to decreasing dealing and use of narcotics, even with Law n o The references cited are the most up-to-date found on public websites. In this context, it is important to make mention of some of the plans to tackle drugs in Brazil, the aim of which is to reduce the numbers shown in the above mentioned report, such as actions against crack consumption, with the aim of caring for drug addicts and their families, combatting dealing and preventing drug use Projects and actions such as the Police Pacification Units were also created in order to recover territory occupied by drug dealers.
There are some similarities in treatment given to users and addicts in Brazil and in Portugal, although in Brazil, legally, drug use continues to be a crime.
No ano de , foi aprovada a Lei n o Nesse contexto de "dualidade" foi promulgada em a Lei n o Algumas vezes eram punidos como traficantes outras como dependentes. De acordo com a Lei de Drogas n o Anteriormente, no caso do consumidor ocasional, a pena poderia ser dispensada. No Brasil, quando a Lei n o Nova lei de drogas comentada: Editora Revista dos Tribunais; Governo Federal do Brasil.
Comunidade Segura [Internet]. Enfrentando o Crack. Bandeirantes, Bairro: