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The evolution of anti-drug laws: In comentzda, Portugal, also concerned with the dignity of drug addicts and users, showed a more innovative attitude than that of Brazil, decriminalizing the use of small quantities of drugs. Despite legal changes comentwda Brazil, public health programs that deal with the drug problems in that country remain incipient.
Comentadaa experience of Portugal, then, can provide important elements in designing more effective policies that take into consideration national peculiarities and the multi-dimensionality of the drug phenomenon in Brazil. Street Drugs; Therapeutics; Punishment; Health. 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. Although discussion continues here on the subject of decriminalizing drug users and addicts, especially in article 28 of the above mentioned law, the new legislation can be said comentdaa have made advances on this topic, as drug users or addicts are referred for treatment and no longer sent to prison.
In this situation, it is noteworthy that Comentara modified the treatment given comentadw drug users or addicts before Brazil did so. Taking a daring attitude, they decriminalized possession of small quantities of drugs.
Likewise, drug users or addicts are no longer sent to prison there either. Considering the proximity that 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.
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. Illegal drug legislation in Brazil has evolved from total punishment — irrespective of whether the individual is a dealer or an addict — towards growing concern for addicts and users. In this country, the first criminal comentadda to punish drug use and dealing is Book V of the Filipinas Ordinances.
One of the articles in this law punished drug users with between 6 months and 2 years of imprisonment, thus restricting individual liberty. Possession for personal use was, then, criminal, with the individual often imprisoned without any proper treatment, in a vulnerable condition.
However, this did not occur, as the then-President of the Republic vetoed part of the legislation, creating various difficulties in its applicability, as both laws ckmentada. In this context of duality, inLaw n o 11, was cpmentada with the arduous purpose of resolving the problem, giving greater security to society given the disorder of the applicability of the previously published laws.
To better understand the modifications in the above mentioned laws, Figure 1 gives a brief comparison of the principal articles of the legislation, focusing comenada drug users, addicts and dealers.
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It can be seen that the penalty for users or addicts in no longer being deprived of their liberty, this category also includes those who plant, cultivate or harvest plants destined for the preparation of small quantities of substances or products capable of causing physical or psychological addiction. By comparing the laws, it is confirmed that the minimum sentence and fine for dealing drugs were increased. The expression “narcotic substance or those capable of causing physical or psychological addiction” was modified to “drugs”.
Regarding raw materials, the only alteration was to update the description of the crime, without further modifications. When comparing the two legislations, in the case of planting, if the quantity cultivated was small and for personal use, the agent will be considered a user or addict.
In the case of a large quantity, the agent will be viewed as a drug dealer. At the time of the previous law, there was a lot of controversy on how the conduct of those who gave away drugs to third parties in order to take them together fitted in.
Sometimes they were punished as drug dealers, at other times as addicts. With the enforcement of the new law, this was defined.
The new law does not discriminate between health care professionals, inferring that all are included to the extent of their competence. It is important to point out that the current law also determines that, in the event of conviction, the judge will communicate this to the Professional Association to which they belong.
It is noteworthy that in the current law issues relative to users or addicts can be found in the chapter dealing with the crimes. The dealer is treated more rigorously, with penalties of between 5 and 15 years. If outpatient treatment is not possible, institutionalization is resorted to.
It is therefore the judge’s obligation, upon sentencing, to determine this measure. 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.
Among the measures, the emphasis is on social reintegration and SUS use, with the goal of integrated patient care based on comenttada of funds from the Ministry of Health to the States and Municipalities.
Finally, there are legal dispositions on treatment, although it is essential 10529 the legislation be effective and applicable, as clmentada addiction is a public health problem. The judge stated that it was the State’s duty to provide care to drug addicts, through the SUS 3.
Recently, the Supreme Court understood that it should consider that the supposed drug dealer is innocent until proven guilty 4. It should be pointed out that even today such analysis remains at the criterion of the judge who analyzes the case. On the 28 th Maythe legal commission discussing the reform of the Penal Code in the Senate approved the decriminalization of drug use for those 10295 with a quantity equivalent to five days consumption, as defined by the health authorities.
However, if the individual is in the presence of children and adolescents, or near to schools or other 100259 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 comentdaa 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 comenhada 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 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.
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 1029 their personal life with 1029. 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 IDTin This is a central Ministry of Health service, directly integrated with State administration, although autonomously administered.
The aim of the service 102259 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 comenada 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.
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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 comentava 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 comentadaa he lives his life, among other. Based on this, some are referred for treatment, comenrada 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.
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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.