O Que E Droga Legalizada

Rejection: Rejection is the complete absence of government regulation of the use and trade of substances that interfere with the human body in any way. There is no state, in the contemporary form, that considers the adoption of liberation as a drug policy. This term has been misused, for example by referring to drugs released in Uruguay. This statement is false, because what really happened in Uruguay was a much more regulatory attitude. In the case of Portugal, a survey by the Institute for Drugs and Drug Addiction (FTE) showed that between 2001 – when drug decriminalisation policies were implemented in Portugal – and 2007, continued drug use increased by 66% in absolute terms. Capez also argues that art. Section 28 of the Drugs Act does not criminalize consumption behaviour, but the maintenance of the drug by the active substance for that purpose. This implies saying that this device is an attempt to place the collective interest above the individual, because by suppressing the retention of drugs, even for personal use, it also criticizes the danger caused by the possible illegal flow of narcotics. [21] The legalization of marijuana has no effect on cocaine, crack cocaine and other narcotics. For this reason, the trade will continue to sell drugs, including marijuana. Marijuana accounts for only 15 to 20 per cent of the revenue generated by traffickers. Drugs are one of the sources of power for traffickers who want to do more than just sell.

Legalization or decriminalization increases the war between factions, as wars become fiercer as incomes decline. The medical use of marijuana could save lives if legalized. Those who agree with this reasoning are based on the positive effects of drugs made from the drug. The plant belongs to the class of cannabinoids, substances with various medicinal properties. The Dutch government insists that marijuana, like other soft drugs, is only tolerated in the country, but not legal. Nevertheless, recreational use was decriminalized in 1976, giving the Netherlands fame for its liberal stance on drugs. In 2009, a study by the revista jurídica[13] of the state of Rio de Janeiro analyzed 730 convictions for drug trafficking over a period of about 2 years. Of these cases, 80% were caught red-handed, most often by the police (82%), and of these, 60% were alone and with a small amount of drugs, possibly users. Another important fact is that only 1.8% of all cases were linked to criminal organizations. He also offers this art.

Article 28 of the Drugs Act continues to be used, but without the criminal character, by applying only the administrative measures provided for in the operative part, and that the person arrested in flagrante delicto of drug trafficking is immediately brought before the judge so that he can determine whether the person was only in possession of drugs for personal use or whether he has proof of it, because it is very important that the police officer be the only decisive evidence at the time (in the absence of distinguishing criteria) to designate the drug user or trafficker targeted as a drug user or trafficker who has this power in his hands. This distinction is necessary as they are falsely accused of being different user traders. Legalization works in favor of the maximum economy: the higher the supply, the higher the consumption. Alcohol and tobacco are legalized drugs, and their effects are more drastic because they are available. Followers of the Rastafari religion can smoke an unlimited amount of the drug for sacramental purposes. Considered by them as the “herb of wisdom”, ganja is used to aid meditation and bring them closer to their inner spiritual self. On the other hand, empirical research in Europe (Ruggiero, 2008)[6] has revealed that while illicit markets that support such criminal activities are relatively interchangeable, they are practiced by different groups with their own ethical standards. For example, some prostitutes sell drugs but do not allow practices they deem unnatural; Sellers of counterfeit branded clothing sell pedophilia-free pornographic films; Gun dealers do not contain smuggled drinks and cigarettes into their businesses, etc. According to this author, in several European cities, criminal activities are mixed with regular economic activities. The above-mentioned author also stresses the need for “specialized” knowledge and skills required by each branch of the illicit market. It is a cheap that can be expensive.

The legalization of marijuana is another controversial issue that is raising the profile of both supporters and prosecutors. But nothing is better to answer the question than reality. What has happened in countries where marijuana has been legalized? In view of this scenario, the incompatibility with the decriminalization of drug use remains, knowing that the authorization of the use of certain narcotic drugs would only lead to an increase in the number of drug addicts. In this sense, it is considered necessary to invest in an effective and repressive public policy on drugs in order to safeguard the collective rights to public health and safety. In addition, they stress that: decriminalization would allow for a wider spread of drugs and facilitate drug trafficking; Sanction 28 of the Drugs Act, provided for in art, does not provide for the isolation of the user, but allows for his social reintegration; The increase in the prison population for human trafficking is due to the recent crack epidemic and not necessarily to legislation that criminalizes its use but does not stop it for it. [18] Finally, he submits that the legal interest protected by the Drug Act is public health. However, this standard does not penalize consumption, but only acquisition, storage, input, storage or even transport behavior. Therefore, the allegation that drug use violates Article 28 of Law 11.343/2006 because it violates the legal interest of “public health” is untenable.

In this context, the impossibility of arrest in flagrante delicto, combated by article 48, paragraph 2, of the above-mentioned legislation, is obvious, which shows that the legislator has chosen to give priority to the principles of intimacy and privacy, protected by art. 5, X, of the Federal Constitution – on criminal law combat drug use. In the legal field too, positions in favour of the decriminalisation of drugs are emerging.