The Brazilian Senate approved this Tuesday, April 16, a constitutional reform that criminalizes the possession and possession of illicit drugs in any quantity. The approval, which had an overwhelming majority: 53 votes in favor and 9 against, is seen as a challenge to the Supreme Court, where a trial on the decriminalization of marijuana for personal use is still ongoing.
This Tuesday, April 16, Brazil's Upper House, with a conservative majority, gave its approval to a constitutional amendment that criminalizes the carrying and possession of any amount of drugs.
The only political group that directed its senators to vote against was the Workers' Party, led by President Luiz Inácio Lula da Silva. Now the Chamber of Deputies will have the last word, but most likely he will confirm the senators' decision.
The Constitutional Amendment Proposal was presented in September of last year by the president of the Senate, Rodrigo Pacheco, in the middle of the process in the Supreme Federal Court on decriminalization of possession of marijuana in small quantities and for personal use.
Pacheco affirmed that it is an “invasion of jurisdiction” for the Supreme Court to rule in favor of the decriminalization of drugs. With this decision, therefore, the Senate stands up to the highest legal body in the countryin an attempt to defend their territory.
Due to its conservative composition, the Brazilian Parliament often prevents the approval of the most progressive laws. It is quite common for opposition deputies to judicialize social issues such as same-sex marriage or the decriminalization of abortion and for the Supreme Court to end up ruling and deciding. It is for this reason that many senators have considered the vote a victory over the Supreme Court, accused of invading the sphere of the Legislative Power with sometimes monocratic decisions.
One of the arguments put forward by congressmen is that drug liberalization does not help solve the problem of drug trafficking and overcrowded prisons.
With 832,295 prisoners and an increase of 257% since 2000, Brazil has one of the largest prison populations in the world. Another argument repeated during the vote in the Senate is that Brazil opposes liberalization.
“Brazilian society does not want it and the Brazilian State is not prepared for the increase in dependency. This is undeniable, it is unquestionable,” said the rapporteur of the proposal, Senator Efraim Filho.
“Even those who defend it agree. If drugs are decriminalized, it is natural that there will be an increase in consumption. The increase in consumption will cause an explosion of dependence, and chemical dependence is an evil in the Brazilian family,” he added. .
However, several experts disagree with this view. For psychiatrist Camila Magalhães, researcher at the Center for Psychiatric Epidemiology of the University of São Paulo, drug use is a problem that involves many elements, so it is not advisable to approach the issue only through the logic of the penal system.
For her part, Professor Andrea Gallassi, member of the Brazilian Society for the Progress of Science, recalled that Argentina, Colombia, Ecuador, Peru and Chile are examples of South American countries that do not penalize the personal use of marijuana. In her opinion, there was no increase in consumption in these countries.
“The approval in the Senate of the PEC (proposed constitutional amendment) that consolidates in the Constitution the criminalization of the possession and possession of drugs for personal use is a very serious setback. In addition to being ineffective, the 'war on drugs' has devastating consequences for human rights“: fuels the growth of criminal organizations that commit abuses and corrupt the rule of law, drives lethal police operations in favelas, fills prisons with people who should not be behind bars, and undermines the rights to health and privacy,” says the NGO Human Rights Watch.
Last December, more than 70 civil society organizations published a public statement against this reform. The document argued that the text is unconstitutional and also stated that the proposal “would reinforce structural racism.”
For now, the recently approved proposal plans to include in the Constitution a distinction between drug traffickers and users, with alternative penalties to prison for those who use illicit substances. That is to say, the senators have chosen to criminalize only those who sell the narcotics.
For practical purposes, the proposed amendment does not bring innovations and reinforces what already exists in the Drug Law, in force since 2006. It is more of a political message in an election year, since in October Brazilians will have to elect the mayors and councilors of the 5,568 municipalities throughout the country. AND All parties know that winning the vote of evangelicals It depends on the active defense of the family and traditional values.
Currently, The Drug Law establishes that the acquisition, storage and transportation of narcotics for personal consumption is a crime. and establishes alternative penalties for consumers, such as providing community services and attending educational courses.
“No one goes to jail in Brazil for drug use. The legislation is clear, no one is sentenced to prison. What we are discussing here is whether there is going to be a parameter for a person to be approached [por la Policía] and that one of the conditions is the amount of marijuana he can have,” said Flávio Bolsonaro, the senator son of former president Jair Bolsonaro, during the session.
“I know that it is difficult to find employment in this country, but we cannot agree to legitimize the profession of 'little plane' in drug trafficking. “For those who don't know what it is, it's the person who is on the front lines, works for the big drug traffickers and brings small amounts of drugs to the end users,” he said.
“With this parameter that seems to be established by the Supreme Court, there are going to be drug trafficking gangs throughout Brazil and many 'little planes'. Is this what we want for our country?” added Bolsonaro's son.
Following this vote, Brazil takes the opposite path from Germany, which recently legalized the consumption and possession of cannabis in small quantities of up to 50 grams.
It also distances itself from neighboring countries such as Uruguay, which in 2013 became the first country in the world to legalize adult or recreational consumption of cannabis.
It remains to be seen now what will happen to cannabis-based medicines. Its use is currently being analyzed in Congress, especially for the treatment of rare diseases.
The coordinator of the Cannabis Working Group of the Federal Chemistry Council highlighted this week the potential for therapeutic use of products derived from this plant. Ubiracir Lima, who is an industrial chemist, defended that it is important for Brazil to investigate in this area, which can be very profitable and generate employment. “Stigmatization can inhibit this research and industrial growth,” he said.
Starting in May, the public health network of the state of São Paulo will provide free medications based on cannabidiol, the so-called CBD, to patients with Dravet and Lennox-Gasteau syndromes and tuberous sclerosis. It will be the first time that the public health system includes this substance in its list of treatments. In any case, they are very expensive and difficult to access for the population.
The protocol provides for the distribution of cannabidiol only to patients with proven resistance to other treatments. Therefore, it will be mandatory to present a series of documents at the time of application. This bureaucracy and the price of the treatment currently prevent many patients from accessing this type of medication.
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