08/08/2023 – 19:37
Minister Gilmar Mendes, of the Federal Supreme Court (STF), released this Tuesday, 8, the action that discusses the decriminalization of possession of drugs for personal consumption. The dean suggested that the trial be resumed from next week, on the 16th of August.
It is now up to Justice Rosa Weber, president of the STF, to fit the process into the agenda. She retires in September and will only be able to vote if the court speeds up the trial. The score so far is 4-0 for decriminalization.
The trial was postponed at the request of Gilmar Mendes, rapporteur of the process, who has already voted, but committed to bringing a thesis that makes possible the “basic consensus” among colleagues. He must make adjustments to the vote, presented in 2015.
Ministers Edson Fachin, Luís Roberto Barroso and Alexandre de Moraes also voted. All supported decriminalization. The divergence so far revolves around the extent of the decision, that is, whether it should apply only to marijuana or also to other drugs.
The plenary also needs to decide whether to establish objective amounts to differentiate users from traffickers. Justices assess that the parameters would avoid divergent sentences, depending on the criteria used by each judge, but there was no agreement on what the limit would be.
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