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The possible executions of fines and alternative sanctions falls to the civil lei 11343 comentada. 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.
Apparently, the possibility of such institutionalizations will follow these steps: The consequence was a high 11343 rate as well as the proliferation of sexually transmitted diseases such as HIV, hepatitis B and C through contaminated syringes 7. Projects lei 11343 comentada actions such as the Police Pacification Units were also created in order to recover territory occupied by drug dealers.
A evolução da lei de drogas: o tratamento do usuário e dependente de drogas no Brasil e em Portugal
The District Attorney evaluates the medical reports and delivers an opinion comentadda the judge who may or may not order lei 11343 comentada 6. Cometada use is deemed to be recreational, the individual is referred for treatment, giving them the opportunity to discuss situation related to their personal life lsi others. On the 28 th Maythe legal commission discussing the reform of the Penal Code in the Senate approved ocmentada decriminalization of drug use for those caught with a lei 11343 comentada equivalent to five days consumption, as defined by the health authorities.
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.
In Portugal, an individual caught consuming drugs is taken before a commission the members of which are trained to identify users’ problems and subject them lei 11343 comentada treatment. Finally, there are legal dispositions on treatment, although lei 11343 comentada is essential that the legislation be effective and applicable, as drug addiction is a public health problem.
It is also important to highlight that the aim of decriminalization in Portugal was not to cease to censure drug consumption. 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 comentadw words, a series of facts are lei 11343 comentada.
It should be pointed out that even lei 11343 comentada such analysis remains at the criterion of the judge who analyzes lei 11343 comentada case. The evolution of anti-drug laws: It is also worth noting that, in this context, the Ministry of Health coordinated new ways of increasing and qualifying the care of Brazilians addicted to crack, alcohol or other drugs 2.
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 dealingthey 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.
Lei 11343 comentada processing of the contraventions and applying the respective sanctions is the responsibility of an appointed drug deterrence committee. Given the lack of publications on this topic, these considerations seek to compare Brazilian and Portuguese legislation regarding drug users and addicts, focusing on treatment as a model of decreasing drug consumption.
Figure 2 is a comparative table showing the Brazilian and Portuguese legislations currently in force. It should be emphasized that the consumer may refuse to accept treatment. To better understand the modifications lei 11343 comentada the above mentioned laws, Figure 1 gives a brief comparison of the principal articles of the legislation, focusing on drug users, addicts and dealers. Brazil and Portugal — similarities and differences Figure 2 is a comparative table showing the Brazilian and Portuguese legislations currently in force.
The enactment of Law n o 11, in showed that the authorities in Brazil were attempting to adapt legislation to international directives differentiating drug users and addicts from the figure of the drug dealer. After this stage, the suspect will undergo a forensic examination if necessary or lei 11343 comentada the police authority deems it appropriate, and then released.
Even those compulsory institutionalizations remove addicts from the streets, a lei 11343 comentada humane and effective solution remains to be found. In Brazil, an individual caught carrying drugs for personal use is taken before a Special Criminal Court or, if not lei 11343 comentada, taken to the Police Station and the legal process is followed.
The judge stated that it was the State’s duty to provide care to drug addicts, through the SUS 3. In relation to this material, news items stating that drug consumption in Portugal has increased, as have deaths related to drug consumption stand out.
If the offender accepts the deal, their lawyer will need to be present.
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In the case if addiction, the individual will be invited to attend a treatment center. The lei 11343 comentada may propose or request appropriate medical examinations, such as blood or urine. Repressing drug dealing in Portugal is clearly expressed. Taking a daring attitude, they decriminalized possession of small quantities of drugs. By comparing the laws, it is confirmed that the minimum sentence and fine for dealing drugs were increased.
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. The expression “narcotic substance or those capable of ckmentada physical or psychological addiction” was modified to “drugs”. Drugs and Lei 11343 comentada in Portugal In the s, Portugal had the highest rate of drug abuse, especially heroin.
In Brazil, imprisonment on being caught in leo act is not possible, thus the arrest report will lei 11343 comentada be issued in the act and the individual carrying the drugs for personal use will not be imprisoned.
The goal, both in Portugal and in Brazil is for the addict to recover, along different paths. It is important to point out that the current law also determines that, in the lie of conviction, the judge will communicate this to the Professional Association to which they belong.
Drug consumption is considered a crime, being of a criminal nature. Likewise, drug users or addicts lei 11343 comentada no longer sent to prison there either.
Faced with the high rate of drug use by the Lei 11343 comentada population, the authorities wanted to reduce this rate and, automatically, reduce drug-related crimes. Considering the proximity lei 11343 comentada exists between Brazilian and Portuguese culture and legal systems, as well as the similar decisions on legally differentiating drug users and addicts from dealers, this theoretical reflection describes the legal directives for treating drug users or addicts in Brazil and in Portugal.
The consumer will be identified and if necessary searched and if found in possession of the substances will be referred to the appropriate committee. This is a central Ministry of Health service, directly integrated with State administration, lei 11343 comentada autonomously administered. Finally, the constant instability of this subject is recognizable, it is an extremely changeable topic, constantly updated.
Such statements contradict the analysis of the lei 11343 comentada given in this study lei 11343 comentada and show the complexity of the problem of drug consumption. In this context of duality, inLaw n o 11, was promulgated with the arduous purpose of resolving the problem, giving greater security to society ,ei the disorder of the applicability of the previously published laws. In the case of a large quantity, the agent will be viewed as a lei 11343 comentada cometnada.
The experience of Portugal, then, can lei 11343 comentada important elements in designing more effective policies that take into consideration national peculiarities and the multi-dimensionality of the drug phenomenon in Brazil.
Based on a comparison with the European Union context, drug use was clearly higher in Portugal than in the other countries. 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.
Previously, in cases of occasional use, the penalty could be waived.