Parties will nominate 34 members and 34 substitutes to discuss the proposal that criminalizes the carrying and possession of drugs
The President of the Chamber of Deputies, Arthur Lira (PP-AL), determined the creation of a special commission to analyze the PEC (Proposed Amendment to the Constitution) 45 of 2023, which criminalizes the possession and possession of all drugs, in any quantity. Here’s the complete of the act (PDF – 3 MB).
Lira’s decision was signed on June 17, however, it was only released by the Alagoas deputy’s press office this Tuesday (June 25, 2024), after the STF (Federal Supreme Court) form a majority to allow the possession of marijuana for personal use.
After the special commission, the PEC can be analyzed in the plenary of the Casa Baixa. They will be indicated 34 main names and 34 substitutes to join the group. The names will still be defined by the parties.
According to the House of Representatives’ internal regulations, special committees have 40 sessions to debate the text. The president of the collegiate is responsible for organizing the meetings.
On June 12, the CCJ (Constitution and Justice Committee) of the Chamber of Deputies approved the drugs PEC. The text received 47 votes in favor and 17 against.
PACHECO ALSO REACTS
PEC 45 of 2023 has already advanced in the Senate and is seen as a reaction from Congress to the Judiciary.
The proposal is authored by the President of the Senate, Rodrigo Pacheco (PSD-MG). Earlier, the congressman criticized the STF’s decision. According to him, this is a “distortion in the legal system” About the subject.
“I disagree with the STF’s decision. Decriminalization can only occur through the legislative process.”said Pacheco.
Watch (2min41s):
STF RELEASES
The STF decided this Tuesday (June 25), by a majority vote, to allow the possession of marijuana for personal use.
In practice, the conduct should not become legal, but it will no longer be treated as a crime, and will not entail criminal effects. The score, however, has not yet been finalized because there are nuances in the ministers’ votes.
In the trial, the Court also analyzes the requirements to differentiate personal use from drug trafficking, one of the central points of the discussion. However, the criteria have not yet been defined by the Court. The definition of this point will come in the next session, on Wednesday (June 26).
Currently, the Drug Law determines that the definition would be at the discretion of the judge – which, according to some Supreme Court ministers, opens up loopholes for classifying people based on partial and sometimes discriminatory biases based on skin color. of individuals.
Throughout the trial, suggestions were made by the ministers of amounts ranging from 10 to 60 grams to establish differentiation. There is a possibility that the majority of the Court will converge to define 40 grams as the criterion.
Ministers Edson Fachin, Dias Toffoli, Luiz Fux and André Mendonça argue that the definition must come from Congress or the Executive.
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