Notes on the new Portuguese drug legislation

Authors

  • José Mouraz Lopes

Keywords:

Drug legislation, Drug trafficking, Criminalization of consumption, Criminal procedural law, Portugal

Abstract

This study examines the new Portuguese drug legislation, Decree-Law 15/93, situating it within the legislative evolution from Law 1,687/1927 to Decree-Law 430/83. It analyzes the continued criminalization of drug consumption, pointing out an incongruity between the declared objective of combating trafficking and the punishment of the consumer, exemplified by the new crime of syringe abandonment. It examines the creation of specific offenses for trafficking in precursors, money laundering and criminal association, as well as the reduction of the minimum penalty for trafficking and the broadening of the aggravated offense. It discusses procedural issues, such as the absence of a reversed burden of proof, the figure of the repentant collaborator, and the substitution of substances in transit. It concludes that the law shows technical rigor, notwithstanding incongruities and doubts regarding the constitutional adequacy of certain provisions.

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Author Biography

José Mouraz Lopes

Juiz de Direito em Portugal.

References

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Published

1993-07-01

How to Cite

LOPES, José Mouraz. Notes on the new Portuguese drug legislation. Brazilian Journal of Criminal Science, São Paulo, v. 3, n. 3, p. 39–44, 1993. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3250. Acesso em: 20 oct. 2026.

Issue

Section

International Doctrine
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