Proposal wants to criminalize possession and possession of any amount of drugs, in addition to differentiating users from dealers
The CCJ (Constitution and Justice Committee) of the Chamber should begin this Tuesday (June 4, 2024) the analysis of the PEC (Proposed Amendment to the Constitution) 45 of 2023, which criminalizes the possession and possession of drugs, including marijuana. This is the single theme of the session scheduled for 2:30 p.m.
The rapporteur of the text, deputy Ricardo Salles (PL-SP), states that the project already has enough votes to be approved by the commission. However, it is expected that opposition deputies will request a review (more time for analysis) and block the approval of the topic. If this happens, the vote should be held next week.
The matter includes a new paragraph to article 5 of the Constitution, determining that the possession and possession of narcotics and similar substances will be considered a crime, “regardless of quantity”. The proposal also provides that there must be a “distinction between the dealer and the user”. Anyone who is not considered a drug trafficker must receive alternative sentences and addiction treatment.
Currently, Brazilian law does not make a clear distinction between user and trafficker. The criteria must be defined by the judge in the case.
The PEC passed through the Senate and was the subject of a public hearing. After the Chamber’s CCJ, it will go to a special committee and, finally, it will go to the House plenary.
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DRUGS PEC
Authored by the President of the Senate, Rodrigo Pacheco (PSD-MG), the proposal known as the drug PEC was approved in the Upper House on April 16. The senator took the initiative after the STF (Supreme Federal Court) resumed voting on the decriminalization of marijuana for personal use.
The project wants to include a paragraph in article 5 of the Constitution. Determines that possession and possession of drugs are considered a crime, “regardless of quantity”.
The proposal also provides for a “distinction between the dealer and the user”. Users should receive lighter sentences and addiction treatment. Today, the Constitution does not distinguish between users and drug dealers. The decision is up to the judge in the case.
JUDGMENT AT THE STF
The decriminalization of marijuana possession for personal use is being analyzed by the Supreme Court.
On March 6, the STF resumed the action that began to be judged in 2015 regarding the constitutionality of article 28 of the Drug Law (11,343 of 2006), which deals with transportation and storage for personal use. On the same date, the trial was suspended after Minister Dias Toffoli made a request for a review. He has 90 days to complete.
The score was 5 votes to 3 to decriminalize marijuana possession.
In addition to the decriminalization of personal possession, the Court also discusses the requirements to differentiate personal use from trafficking.
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