Youth and drugs: a legal overview
Autor(a) principal: | |
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Data de Publicação: | 2009 |
Outros Autores: | |
Tipo de documento: | Artigo |
Idioma: | por |
Título da fonte: | Meritum (Belo Horizonte. Online) |
Texto Completo: | http://revista.fumec.br/index.php/meritum/article/view/1095 |
Resumo: | 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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Youth and drugs: a legal overviewMinors/Adults – Legal capacity or capacity to enjoy – Capacity/Incapacity to exercise or act – Emancipation – Disability – Assistance – Accidental incapacity – Annullable act – Actione libera in causa – Guilt – Unimputability – Mandatory commitment measurThis 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.Universidade FUMEC2009-06-30info:eu-repo/semantics/articleinfo:eu-repo/semantics/publishedVersionapplication/pdfhttp://revista.fumec.br/index.php/meritum/article/view/109510.46560/meritum.v4i1.1095Meritum, Law Journal of FUMEC University; Vol. 4, Nº 01 - janeiro/junho 2009Meritum, Revista de Derecho de la Universidad FUMEC; Vol. 4, Nº 01 - janeiro/junho 2009Meritum, Journal de droit de l'Université FUMEC; Vol. 4, Nº 01 - janeiro/junho 2009Meritum, Revista de Direito da Universidade FUMEC; Vol. 4, Nº 01 - janeiro/junho 20092238-69391980-207210.46560/meritum.v4i1reponame:Meritum (Belo Horizonte. Online)instname:Universidade FUMECinstacron:FUMECporhttp://revista.fumec.br/index.php/meritum/article/view/1095/785Correia, Paula NunesSousa, Teresa Albuquerque einfo:eu-repo/semantics/openAccess2024-05-13T13:31:01Zoai:ojs.fumec.br:article/1095Revistahttp://revista.fumec.br/index.php/meritumPUBhttps://revista.fumec.br/index.php/meritum/oairevistameritum@fumec.br2238-69391980-2072opendoar:2024-05-13T13:31:01Meritum (Belo Horizonte. Online) - Universidade FUMECfalse |
dc.title.none.fl_str_mv |
Youth and drugs: a legal overview |
title |
Youth and drugs: a legal overview |
spellingShingle |
Youth and drugs: a legal overview Correia, Paula Nunes Minors/Adults – Legal capacity or capacity to enjoy – Capacity/Incapacity to exercise or act – Emancipation – Disability – Assistance – Accidental incapacity – Annullable act – Actione libera in causa – Guilt – Unimputability – Mandatory commitment measur |
title_short |
Youth and drugs: a legal overview |
title_full |
Youth and drugs: a legal overview |
title_fullStr |
Youth and drugs: a legal overview |
title_full_unstemmed |
Youth and drugs: a legal overview |
title_sort |
Youth and drugs: a legal overview |
author |
Correia, Paula Nunes |
author_facet |
Correia, Paula Nunes Sousa, Teresa Albuquerque e |
author_role |
author |
author2 |
Sousa, Teresa Albuquerque e |
author2_role |
author |
dc.contributor.author.fl_str_mv |
Correia, Paula Nunes Sousa, Teresa Albuquerque e |
dc.subject.por.fl_str_mv |
Minors/Adults – Legal capacity or capacity to enjoy – Capacity/Incapacity to exercise or act – Emancipation – Disability – Assistance – Accidental incapacity – Annullable act – Actione libera in causa – Guilt – Unimputability – Mandatory commitment measur |
topic |
Minors/Adults – Legal capacity or capacity to enjoy – Capacity/Incapacity to exercise or act – Emancipation – Disability – Assistance – Accidental incapacity – Annullable act – Actione libera in causa – Guilt – Unimputability – Mandatory commitment measur |
description |
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. |
publishDate |
2009 |
dc.date.none.fl_str_mv |
2009-06-30 |
dc.type.driver.fl_str_mv |
info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion |
format |
article |
status_str |
publishedVersion |
dc.identifier.uri.fl_str_mv |
http://revista.fumec.br/index.php/meritum/article/view/1095 10.46560/meritum.v4i1.1095 |
url |
http://revista.fumec.br/index.php/meritum/article/view/1095 |
identifier_str_mv |
10.46560/meritum.v4i1.1095 |
dc.language.iso.fl_str_mv |
por |
language |
por |
dc.relation.none.fl_str_mv |
http://revista.fumec.br/index.php/meritum/article/view/1095/785 |
dc.rights.driver.fl_str_mv |
info:eu-repo/semantics/openAccess |
eu_rights_str_mv |
openAccess |
dc.format.none.fl_str_mv |
application/pdf |
dc.publisher.none.fl_str_mv |
Universidade FUMEC |
publisher.none.fl_str_mv |
Universidade FUMEC |
dc.source.none.fl_str_mv |
Meritum, Law Journal of FUMEC University; Vol. 4, Nº 01 - janeiro/junho 2009 Meritum, Revista de Derecho de la Universidad FUMEC; Vol. 4, Nº 01 - janeiro/junho 2009 Meritum, Journal de droit de l'Université FUMEC; Vol. 4, Nº 01 - janeiro/junho 2009 Meritum, Revista de Direito da Universidade FUMEC; Vol. 4, Nº 01 - janeiro/junho 2009 2238-6939 1980-2072 10.46560/meritum.v4i1 reponame:Meritum (Belo Horizonte. Online) instname:Universidade FUMEC instacron:FUMEC |
instname_str |
Universidade FUMEC |
instacron_str |
FUMEC |
institution |
FUMEC |
reponame_str |
Meritum (Belo Horizonte. Online) |
collection |
Meritum (Belo Horizonte. Online) |
repository.name.fl_str_mv |
Meritum (Belo Horizonte. Online) - Universidade FUMEC |
repository.mail.fl_str_mv |
revistameritum@fumec.br |
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1798945261625540608 |