National Institute

October 24th, 2012 by nathan Leave a reply »

Place and moment in which the occupation of the drug has been realised: The apprehension of the drug in zones in which the drug traffic on small scale is habitual (zones of punteo, in expression of the STS of 3 of October of 1996 – RJ 19967810-) is considered by a repeated jurisprudence, like an indication of the will to deal very particularly, if the possessor of the drug does not allege the reasons from his displacement to this place, if the subject seems to show a clear predisposition to visit those places, or if the apprehension takes place when the subject goes towards that zone. Peculiarly the hour is a circumstance that also is considered to deduce the traffic will, instead of private consumption. Thus, if one is a small amount owned by a person who consumes the class of narcotic substance makes specific that she is had, when there are no other indications, will not be possible to affirm the destiny to the traffic. If we were with an amount of several grams, sometimes it will be able to be the doubt, with this unique indiciario data, and also would be necessary to suppose penal that its destiny is private consumption, therefore unpunished. However, the Jurisprudence has declared, that even in the cases that the carrier of the narcotic substance is consuming, will be considered destined to the traffic, when the quantity of the same exceeds the average storing of a consumer. The jurisprudence, when other indicative acts of the traffic do not exist, has taken care of the table of the National Institute of Toxicology of 18 of October of 2001. This table establishes the mean doses of consumption of the substances, indicating the T.S that a consumer usually provides itself with substance for about 5 days, reason why the possession that exceeds this amount is conceited that he is destined to the illicit traffic (STS 281/2003 of 1-10).

The jurisprudence has demanded, on the other hand, that such amounts have to consider taking care of the pure substance. Therefore, the single possession immediately than amounts of drug that does not exceed the forecasts of consumption of up to 5 days, with general character, is atypical.


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