Drug Decriminalization, Traffic Law, and Digital Crimes
Drug Possession for Personal Use: Decriminalization
1. The act of possessing drugs for personal consumption was decriminalized by Law 11.343/06. Explain the difference between decriminalization and legalization, citing its effects.
A: As provided for in article 28 of Law 11.343/2006, the act of acquiring, keeping, having on deposit, carrying, or bringing with you drugs for personal use was decriminalized because it no longer provides for imprisonment, as stated in the previous Law on Narcotics. There was a reduction in the punishment for one who possesses drugs for consumption purposes. To determine if the drug is intended for personal use, the judge will consider the circumstances (2nd paragraph of article 28).
Decriminalization means that the act is no longer considered a crime, and the state would no longer have to adopt any procedure against the individual who was caught carrying the drug for consumption.
Therefore, the understanding is that there was only a decriminalization of possessing drugs, not legalization, because it is still considered a crime. However, it no longer allows for imprisonment, making the act an infraction of lower offensive potential, subject to the procedures adopted by Law 9.099/95.
Changes to Article 306 of the Brazilian Traffic Code
2. What are the main changes introduced by Law 11.705/08 to Article 306 of the CTB (Brazilian Traffic Code)? Cite at least two and their consequences.
A: Law 11.705/08 made changes to the provisions of article 306 of the CTB regarding the concentration of alcohol per liter of blood. This concentration was delimited to 6 decigrams. Therefore, to establish the offense of drunkenness while driving a propelled vehicle, material proof is required, obtained through a blood alcohol test (breathalyzer test). This caused difficulties in testing whether the individual is or is not drunk, as if the same refuses to take the test, there is no proof.
There is also an understanding that a blood test is necessary, and the breathalyzer test alone is not enough to prove it. Examination of the individual’s blood is needed to tell the exact amount of alcohol, and the breathalyzer test is not accurate.
Considering that nobody is obliged to present evidence against themselves, if the driver refuses to perform the examinations, it will not characterize the crime as provided for in Article 306 of the CTB. Only administrative penalties will be applied, as per article 165 of the CTB.
The amended article 306 also changed the requirement from actual harm to the danger of harm. Before, it was necessary to prove the danger of actual harm, which has been deleted. Now, only the individual’s behavior is considered.
Children and Adolescents Statute (ECA)
1. Regarding the Children and Adolescents Statute (ECA), mark the correct option.
(C) Adolescent civil identification is not subject to compulsory identification by law enforcement and judicial protection, except for purposes of confrontation, having founded doubts.
Brazilian Traffic Code (Law 9503/97)
2. It is not correct to say, according to Law 9503/97:
(C) For professional drivers, it is always a circumstance that aggravates the penalties for traffic crimes.
Computer Crimes
3. About computer crime, given the assertions:
- Cybercrimes, in their pure form, are those where information technology is the legally protected asset or the security systems that ensure the integrity of information and data.
- Crimes against honor and sexual harassment can be committed through the worldwide network.
Statements on Criminal Offenses
4. Threat, minor bodily injury, and contempt are criminal offenses of lower offensive potential, according to Law 9099/95 and Law 10.259/01.
What is correct to affirm:
II. A suspension of the permission or license to drive a motor vehicle may be ordered before the sentence.
Penalties for Drug Possession
6. (03/2006) The punishment referred to those who acquire, store, have on deposit, carry, or bring with them for personal consumption, drugs without authorization or in violation of the law or regulation does not include?
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