President of the Senate defended that the discussion on decriminalization be made in the National Congress in an article published in “Folha de S.Paulo”
The President of the Federal Senate, Rodrigo Pacheco (PSD-MG), wrote an article for the newspaper “Folha de S.Paulo” criticizing the judgment that deals with the decriminalization of drug possession for personal use that is being processed in the stf (Federal Court of Justice).
In the article titled “Is the decriminalization of drug possession the competence of the Supreme Court? NO”the president of the Casa Alta affirms that the Court has no “constitutional capacity” It is “expertise” to analyze the theme. For Pacheco, the subject is complete and would demand a discussion about rules to control the market.
“The legislation eases the sanctions for those who possess drugs for their own use, but maintains the typicality of the criminal offense. There are reasons for this. Possession, even if it is a small amount, represents a risk to society by allowing the spread of addiction and stimulating trafficking. There is no need to talk about legislative omission”says the senator.
In addition, Pacheco states that one of the main points of discussion is the way in which the narcotic reaches the user and not just the user’s free will. In addition to this, the president of the National Congress argues that the discussion on parameters to differentiate user from drug dealer that is underway in the judgment at the Court could “allow traffic planning”.
“The Supreme Court, under the allegation that it needs to reduce the prison population and protect young people from the periphery, by creating a fixed criterion for the amount of drugs to be used, removing the analysis of the concrete case from the judge, can contribute to the illicit”says Pacheco.
The judgment in the STF has provoked tension between the Powers in recent weeks. The reading, mainly by opposition congressmen, is that the Court would be invading the prerogatives of the Legislative.
Pacheco publicly demonstrated dissatisfaction with the Court’s performance and spoke in plenary about the judgment.
As found out by Power360, Pacheco would be more impatient after the Court’s decisions on the nursing floor, implemented by decision of Congress, and with the participation of Minister Luís Roberto Barroso at the UNE (National Union of Students) event. The wear would have started with the case.
The reading was that the Court was not collaborating to lower the temperature in the relationship between the Powers.
In the session on Thursday (24.Aug.2023), the Justices of the STF responded to the criticisms of the National Congress during the analysis in the plenary of the Court.
According to the rapporteur of the action, Minister Gilmar Mendes, there is no advance of the Court in the prerogatives of Congress on the subject. He also highlighted the need to unite efforts among the Three Powers to think of a regulatory framework to discuss the issue of drugs. The magistrate said he met with representatives of the Legislature to talk about the topic.
Minister Luís Roberto Barroso stated that the issue is complex, but defended its discussion in the Judiciary.
“This is a delicate issue in every part of the world, and everywhere in the world it is resolved in the Judiciary, because these habeas corpus arrive here”he stated.
The trial at the STF has been on hold since Thursday (24.Aug.2023) after a request for review (more time for analysis) by Minister André Mendonça. The score is 5-1 for the decriminalization of marijuana possession for personal use. Ministers also formed a majority to define parameters to differentiate user from drug dealer.
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