Juventude e drogas: uma abordagem legal.
This article is generically dedicated to the legal effects of the acts practiced by young people, both minors and those of legal age, under the influence of drugs. In Part I, our attention is called to the legal-civil consequences of these acts. Thus, we shall begin with a brief preliminary note on...
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Main Authors: | , |
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Format: | Article |
Language: | Portuguese |
Published: |
Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2009
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Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4048692 |
Source: | Meritum, ISSN 2238-6939, Vol. 4, Nº. 1, 2009, pags. 97-131 |
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Summary: |
This article is generically dedicated to the legal effects
of the acts practiced by young people, both minors and those of
legal age, under the influence of drugs. In Part I, our attention is
called to the legal-civil consequences of these acts. Thus, we shall
begin with a brief preliminary note on the concept of civil law.
Having noted this, we will examine the main topic to speak of
the legally existing mechanisms (within the scope of civil law) to
protect those people, and for this purpose, we distinguish between
minors and adults (or equated to adults, which is the case of minors
who are emancipated by marriage): the minor regime, in the first
case, and possibly, the regime of incapacitation (an incapacity
that is not generic and permanent), or even accidental incapacity
(not permanent or transitory), caused by the consumption of
alcohol or drugs, in the case of adulthood (or equated with
adulthood). In the second part, initially, we give a general
presentation of criminal law, with this part divided into two large
sections: the sale and consumption of narcotics and the legal
treatment given to minors. From a general standpoint, when an
analysis of the agent�s guilt cannot be made, the law considers
him to be unimputable. From an internal standpoint, we shall
analyze the most relevant legal aspects of the Decree-Law
referring to traffic and to drugs. One particular aspect of this
regime lies in the fact that in Macau, drug consumption is
considered to be a crime (article 28), unlike in European countries,
like Portugal, since 2000. We shall also take into account other
legislation in Macau in which drugs play a crucial role, as is the
case of the misdemeanor established in article 68 of the Highway
Code, which consists, among other items, in driving under the
influence of alcohol or narcotics (note that this Code was recently
altered by the Highway Traffic Law, which entered into effect in
October 2007). Next, we will analyze the regime applied to minors
from a concrete perspective of criminal law. |
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