Office of Senator Demosthenes TORRES
SENATE BILL No. OF 2010
Changes to Law No. 11343 of August 23
2006 (Drug Law), to provide for penalty of imprisonment for conduct related to personal consumption of drugs and replacing them with specialized treatment, and other measures.
THE NATIONAL CONGRESS decrees:
Article 1. Law No. 11343 of August 23, 2006, shall be effective with the following changes:
“Art 5 …………………………………………. …………………………….
V – to combat drug trafficking and related crimes, nationwide, with an emphasis on border areas, with the support of the Armed Forces, according to the law. “(NR)
“Art 28. Acquire, store, storing, transporting or bring in for personal consumption, drugs without authorization or in violation of law or regulation:
Penalty – detention of 6 (six) months to 1 (one) year.
§ 1 In the same penalty to those who submit, for your personal use, sow, cultivate or harvest plants for the preparation of small amounts of the substance or product capable of causing physical or psychological dependence.
§ 2 To determine whether the drug was intended to consumption, the judge will have regard to the nature and quantity of the substance seized, the place and the conditions under which developed the action, social circumstances and personal as well as the conduct and background of the agent.
§ 3 The judge will replace the deprivation of liberty for specialized treatment under art. 47 of this Law “(NR)
“Art 47. In the sentence, the judge, based on evaluation by the technical committee, replace the sentence of imprisonment mentioned in art. 28 of this Law for specialized treatment.
§ 1 The committee of the caput of this article will work with the court or court of competent jurisdiction will have its members appointed by the Municipal Drug and composed of three professionals with experience in addiction and effects of drugs, and at least one physician as Regulation.
§ 2 The judge may, at any time, the accused forward for specialist treatment, after consultation with the commission in § 1 of the main body of this article.
§ 3 The judge shall order the Government to make available to the convict, free healthcare facility for specialized treatment. “(NR)
“Art 48. ………………………………………….. ……………………………
§ 5 For purposes of the provisions of art. 76 of Law No. 9099, 1995, which provides for the Special Criminal Courts, the Prosecutor may propose an immediate referral for specialized treatment of the accused. “(NR)
Article 2 This Law shall enter into force ninety days after the date of its publication.
JUSTIFICATION
Crack, a devastating mix cocaine with baking soda or ammonia, it takes between 5 and 10 seconds, still warm, reaching the lungs. It is the time to read the previous sentence and would have gone badly burned lips of the user side of the chest cavity. The smoke inhaled is absorbed immediately, wins the bloodstream and reaches the brain. The heart speeds up, blood pressure rises, your muscles start shaking, sweating begins. The sensations that the smoker of the drug also get some last 10 minutes. When they end, the path is again immediately and go. It is also speed up the time between the day that consumes the first stone of crack and the evidence of experts that turned into a zombie to walk the streets 100% addicted. It occurs in less time and more overwhelming with the crack addict, but the effects are equally destructive in users of cocaine, marijuana and other chemicals. We have to react before the horror time to take over the youth. Therefore, the Legislature has to provide solutions to society that suffers so much from watching their children lose the future. This bill is a response to the will of the experts failed to decriminalize the use of narcotics, the pain of the families and the rescue of the generation that Brazil can lose to the drugs.
The project modifies Law No. 11343 of August 23, 2006, which was intended official institute SISNAD (National System of Public Policies on Drugs) prescribing measures to prevent misuse, meet and reinsert socially users and addicts drugs, establish rules to crack down on unauthorized production and trafficking of illicit drugs, to define crimes and other measures. But the visible part of the new law were corners, alleys and rooms filled with people using drugs without the government, family and friends can do nothing but hope that Congress recognizes the error and go back in part of law that did not work. To correct this, the punishment back to the user, not only to transform into matter of public safety an issue that is also public health. Family, educators and the Judiciary itself were bound hand and foot to intern the user. If he wants to treat, tidies up a clinic, refuse treatment, nothing you can do other than watch the destruction. The project will repair that wrong of Law 11.343/2006, take a step necessary to include the military in combating trafficking in narcotics, closing the borders of Brazil, this monstrous external danger. A further step is required to invest in the government anti-drug strategies: prevention, extensive awareness campaigns, education, educational way of explaining the consequences of addiction, treatment with the necessary infrastructure: buildings, equipment, medicines, trained professionals specifically prepared to take care of monitoring and drug treatment.
The idea of the project, with the three poles of activity described above, the Internet has emerged as debated in the profile @ demostenes_go with others who have Twitter page. Over months, there have been dozens of suggestions on the microblogging site and sent by e-mail, which can be summarized in the following topics:
1) “The crack user has no parameter with any other drug addict, even stronger, like cocaine and heroin. He is like a zombie, completely dominated by crack: to study, to work, not to do anything other than smoking the crack rocks. Still, the family suffers because he can not commit him if he did not want and he will not, because the only thing a crack addict wants is smoking more crack. Currently, the user can not ever be arrested, even if it repeatedly fails to comply with a judicial order to be hospitalized. The idea is that he is obliged to seek treatment, or else will have to serve their sentence in other ways. The compulsory hospitalization can be given according to medical report or any other member of a multidisciplinary team: psychologist, social worker, educator. Abstinence does not kill – the crack, yes. ”
2) “compel the Executive to build public facilities for hospitalization and treatment of drug addicts, including the legal, like alcohol. There are several suggestions, including a fixed percentage, within the health funds. The bill would provide that agencies would be responsible for several areas: physical infrastructure works, medical equipment, health professionals and support medication, search. There will be worth it to forecast the administrator (health minister and the president, secretary, state and local health district, governors and mayors) that violate the law or delay the start of construction or installation. ”
3) “At the other end, the relentless combat the traffickers, from the coarse drug that crosses the border to the small drug smuggler in a condominium or neighborhood. As drugs have become matter of national security, and public safety, it was natural that the entry of the Armed Forces in combating drug traffickers. The intelligence of the three arms is fundamental. Along with the Federal Police, Federal Highway, military and civilian, the military must surround the trafficking from the border to the street. “Not only to meet popular demand, and to hear the voice of the streets, including virtual we prepared a text that approaches necessary. May not reach every detail dictated by the anxiety of parents, siblings, friends of those who suffer under the addiction, but did his best within the legality, constitutionality and Regimental.
The change begins with the recognition of the value of the armed forces, which are essential in protecting the country, its wealth, its people, its culture. By breaching the border, drug trafficking offense goods protected by the navy, army and air force. So your job is vital against the entry of illegal in Brazil. The Presidency of the Republic, through the Bill the House No. 10, in progress now in Congress want to amend Articles 2, 4, 7, 9, 11, 12, 15 and 18 of Complementary Law No. 97/1999, the which establishes the general rules for the organization, preparation and employment of the armed forces, creating the Joint Staff of the Armed Forces. Regarding the theme would look like the wording of section VII, Article 18 of that law, saying “It is the Air Force as special assignments subsidiaries”, among others:
“VII – preserved the exclusive competence of the judicial police, acting, in a continuous and permanent, through the actions of Brazilian airspace control, against all types of illicit traffic, with emphasis on involved in drug trafficking, weapons, ammunition and illegal passengers, acting in joint operation with relevant monitoring bodies, which will have the task of acting after landing of aircraft engaged in illicit traffic may, in their absence, search people, land vehicles, ships and aircraft, how to make arrests in flagrante delicto. ”
This project prefers “Armed Forces”, a term more complete, because in addition to the Air Force involves the Army and Navy. Thus, adds the item V of Article 5 of Law 11.343/2006. A constitutional linkage of resources to be applied in combating drugs, so that heads of executive obey, would be effective. But she contained in Amendment No. 29, September 13, 2000, was still regulated. The law further regulation would be the appropriate legislative instrument, but there is still no such rule. This project, the PLP No. 306/08, has been approved (in 2008) by the Senate and currently is in the House of Representatives. Regulates paragraphs 2 and 3 of Article 198 of the Federal Constitution, providing for minimum percentage to be applied in actions and health services by federal, state, Federal District and Municipalities.
The other part, which is popularly called the “compulsory hospitalization” rescues the possibility of prison for drug users, since the decriminalization was a bad experience, serving only to enhance the plight of addicts themselves and their families. Of course, the purpose is not to take someone to jail “just” to be smoking crack or marijuana, snorting cocaine, using ecstasy. Take care of the technical terms. The doctor Leo de Souza Machado, an expert of the Brazilian Association of Psychiatry and member of the international American Psychiatric Association, consulted specifically for this project, explains: “The term ‘compulsory’ should always be associated with the term ‘medical treatment’ and not the hospital, since compulsory hospitalization is loaded with stigma and suffer all sorts of ideological criticism. I think the change in law to have 11,343 to the law 10. 216 (which regulates care for people with mental disorders) is observed and in this sense the device ‘compulsory’ is already included. But remember that according to the aforementioned law to stay
psychiatric occurs only through detailed medical report justifying the failure modes of hospital care. The best way to ensure comprehensive care to drug addicts is to link the substitution of imprisonment for the treatment, which will be better established if the camera is composed of technical specialists in psychiatry, which provide for the individualized treatment plan for individuals who are found eligible by the Judiciary to replace the penalty for specialized treatment. ”
Dr. Leo de Souza Machado, who is also expert psychiatrist Court of the State of Goiás, deals directly with those covered by this project, because as the coordinator of Mental Health of the Municipality of Goiânia see diurnal addicts and their families in search of treatment. Your information, corroborated by other experts surveyed to make this explanatory statement, was accepted into the project, not using the term compulsory hospitalization. They are also the body of the criminal transaction project, aimed at treating the user, and the need for expert work preceding the decision. In interviews with scholars in the field, users and their families we see a plague spread by the four corners of the country, the crack. In addition to the speed with which the pipe goes to the brain, the substance also comes quickly to the streets. The mixture of powder cocaine with baking just dropped an item, the price. A rock of crack was sold for 10 dollars and was lowered until it is news that she was in a real or even 50 cents. Also, it says that the coin given to a beggar is enough for him to acquire it. But it is outmoded stereotype of crack users to be someone ragged begging. The crack is socialized, is consumed by those who live in bridges with the same intensity as those who live in mansions. Children on the streets, which once sniffed glue and enamel, joined the crack. So did unsuspecting young, the family settled and comfortable life.
Started smoking cocaine addiction also the byproduct of dust. Besides the economic factor, crack attracts so many people from the effects. The sensations are instantaneous, but the user can discern them only at the beginning. Some have heart attack the first time. On average, one week he can not stop smoking. Sleep little, eat less. In two months is flawed. Coughing, chest pain is constant, the breathing failure. Within six months he developed serious diseases such as emphysema. Vital organs like the brain and irreversible heart lesions. Those who escaped death with sequels is for the rest of life. And, for the addict, there is no life outside the crack: it consumes a rock of crack every 15 minutes, all the time, day and night.
The path of those who fall into the clutches of traffickers is very similar and it appears the lure at parties of friends and wheels. When the family comes to realize, as the addiction took over. There are signs, but in general it is assumed that the young athlete would not get involved with that, that girl would not replace scholarly books, the model would not do that with the body that worships both. But it happens. And even in the best families, those who care, educate, monitor. The young man full of life becomes a rag in a matter of days. And now, very little can be done for it besides complain, cry, curse. Nor can intern, only if he wants and he will not, because all you want is smoking rocks, no longer sends itself, does not dominate the wills. Wanting a crack addict to rise from the sidewalk and instead of word-of-smoke, take the course of clinical recovery is dreaming that the rare exception become the rule. What this project aims is to give the opportunity to chemical dependence treatment and their families the chance to wake up from a nightmare.
For the formatting of the project were made public virtual audiences, especially in the microblog Twitter, with suggestions also sent by e-mail and Web site available to receive messages. There were opinions such as Veronica Gomes da Silva (verocasss@gmail.com). She says the compulsory hospitalization “would be a palliative, a solution with short-term effect: the removal of the individual from society for a period predictably short, as an escape from the institution is easier to escape from prison.” Veronica agrees that “there is no magic solution to the drug problem” and agreed: “Drug dealer should be arrested. There is nice dealer and trafficker of evil. All crave power and wealth. ” After questioning about the system and the bureaucracy before they question whether “the hospital will be one of the laws that add items to the code without providing any concrete effect,” Veronica praises the project: “The idea is very good and should be applied to more front, when Brazil has public clinics for rehabilitation of reasonable quality, more prisons and a prison population maintained with appropriate human conditions. ” Remember “prevention is the only way possible, and forgotten by the Legislature.”
Several other reviews have resulted in this memorandum, such as Marcel Fang (marcelfang@hotmail.com). Other good suggestions could not be used in the law, such as Gilson Sotero Jr. (twitter.com / SadServicos), which suggests a 190-style service (police), but not by telephone, “also done via SMS, by phone, as there are situations where it is suspected thieves and there’s no link, as it is visible. SMS would be better, safer and more discreet. ” It is an alternative for administrators. Suenilson Pierrelevée Saulnier of Sa, (suenilson_sa@yahoo.com.br), suggests “that the PLS would recommend something in the following way: anyone diagnosed as chemically dependent citizens of illicit drugs by a medical board of SUS, having been sent by the authority judiciary (and only it) can be forcibly hospitalized for detoxification, medical and therapeutic procedures. For the state to fulfill its duty to preserve life and dignity of its citizens. Fitting the MP monitoring the clinical outcome for a period not exceeding 12 months. ”
As noted, the content is part of the project. Twitter, many suggestions and opinions. @ Aivlisf remember the “Mother processed w / chain crackhead son” and says that one should avoid absurdities like this, “hence the need for compulsory hospitalization.” Minsaude @ the Ministry of the area, said in a message that “The consumption of # crack brings disturbances and behavioral changes that affect the family and all who are around the user. “Also maxprofessor @, @ andreiaperne and hundreds of others, each one telling experience, informing, criticizing. cristian_gomes @, a presenter profile TV Goiás and former secretary of the Youth in Goiânia, @ andreflauzino take for example the project Frees Light: “There are not more people hospitalized due to lack of resources.” @ brasilpoesia says “fight drugs is to invest in health. Combating violence is to invest in education. “@ ediglanmaia profile of a political leader of the Southwest of Goias and alderman in Jataí, elaborates:” I can not see the SUS offering treatment to drug users. The problem in Brazil is bankrupt. The What to do? The issue is very serious. Brazil is infested with drug dealers and hence users. Proposal for compulsory hospitalization, great.
However, there are those who are advocating the ‘liberation’ of drugs, including politicians. “Celso de Almeida Junior Powder, cpolvora@gmail.com, suggests:” We could use the already established idea / method / way of Alcoholics Anonymous. ”
With due apologies for not being possible to mention so many courageous people who collaborated in the execution of this project, it is worth remembering that a thought has permeated the views: “We must do something.” The thing that fits the legislature is to make a legal response to the escalation of drugs, particularly illegal drugs, with emphasis on crack. National data are not comprehensive, but are alarming rates of traditional and reliable establishments: in 2005, only 0.5% of drug users were addicted to crack, in 2008, has already reached nearly 1 / 3, now addicts crack are already more than half of addicts. There are more people addicted to crack in alcohol. These amazing figures took place in half a decade. You really need to do something. Actions which will be derived from this project are a legislative response expected by society.
Session Room,
Senator Demosthenes Torres
Tags: Addiction, Art 28, Border Areas, Caput, Competent Jurisdiction, Crimes, Demosthenes, Drug Trafficking, Effects Of Drugs, Hospitalization, Imprisonment, Law Nr, National Congress, Personal Consumption, Personal Use, Psychological Dependence, Senate Bill, Social Circumstances, Technical Committee, Year 1