According to the senator, “specific points” of the decision, such as defining the amount of marijuana that characterizes personal use, are up to the Legislature
The senator Eliziane Gama (PSD – MA) assessed this Thursday (June 27, 2024) that the Judiciary exceeded its duties in “specific points” in the trial in which she determined the amount of marijuana that a user can carry and grow for personal use. In the congresswoman’s assessment, definitions like these fit “to the Legislature, anchored by science”.
“I didn’t read the entire decision, I want to make this very clear here, but, following the press, I saw that there are some specific points that do not seem to me to be the responsibility of the Judiciary”, the senator told Power360. As examples, he cited the definition of the amount of marijuana that a user can carry and plant for personal use.
O STF (Supreme Federal Court) decided on Tuesday (June 25) to decriminalize the possession of marijuana for personal use. The following day, he determined that possession of 40 grams of marijuana or 6 female plants does not constitute trafficking. Previously, judicial decisions were based on the Drug Law (11,343 of 2006), which determines that the decision is at the judge’s discretion. The thesis defined by the Supreme Court will serve as jurisprudence for similar cases until the National Congress decides on the matter.
According to Eliziane, these decisions “fall to the Legislature, anchored by science, with a medical vision”. And he added: “I think that when you go beyond that limit, you have the crisis that we are following and the president himself [da República] places the decision as judicial activism”.
When quoting the president Luiz Inacio Lula da Silva (PT), the senator referred to a statement he made on Wednesday (June 26). According to the Chief Executive, the debate on marijuana is a matter of science. He further suggested that the STF should not “get involved in everything”as this creates a rivalry with the National Congress, which, in his view, would be harmful to democracy.
During the morning, the senator participated in the panel “Judicialization of politics”, at the 12th Lisbon Legal Forum. Despite the criticism of the Supreme Court, Eliziane said on the panel that “judicial activism occurs in response to the judicialization of politics”, because the Court only reacts when provoked.
Questioned by Power360completed: “One of the characteristics of the Judiciary is the principle of inertia. It is there and needs to be provoked in order to have some definition. It is clear that in the specific case of drugs, the Legislature is very much at a standstill in this debate. We have started to advance a little now with the PEC [das drogas] of [presidente do Senado], Rodrigo Pacheco (PSD-MG)which is being processed in the National Congress and has to advance”.
In Eliziane’s assessment, the PEC must pass the National Congress.
“GILMARPALOOZA”
O 12th Lisbon Forumpromoted by Gilmar in Portugal, is a tradition and was named “Gilmarpalooza” – a combination of the names of the dean and the music festival Lollapalooza originated in Chicago (USA) and whose Brazilian version is held every year in São Paulo with a multitude of bands from many places.
Host of the Lisbon event, Gilmar invited all the STF ministers – who were divided:
The initial program included all the STF ministers. The official document with all the forum panels and their participants had been published by Power360 on June 13th. After publication, the event organizers contacted this digital newspaper and said that it was still a preliminary list and subject to change – although there were no reservations in the archive regarding this possibility.
Below, the updated numbers for “Gilmarpalooza” – in parentheses, the number of authorities from each sphere of power that appeared in the initial program:
- 5 STF ministers (there were 10);
- 12 STJ ministers (still 12);
- 2 TCU ministers (there were 7);
- 1 TSE minister (there were 5);
- 5 Lula ministers (there were 14);
- 4 State governors (there were 9);
- 5 senators (there were 8);
- Arthur Lira + 5 deputies (there were 7).
WHO PAYS
The STF has repeatedly declared that it does not pay the costs of private travel for ministers, who are free to accept invitations to lectures and seminars. It is not clear this time whether each authority present at the forum will pay their own expenses or whether the organizers will pay for tickets, accommodation and food.
The Court’s responsibility is to pay for the security of ministers, no matter where they are. Even if traveling for a private activity, all 11 magistrates have the right to be accompanied by a police officer.
Barroso had said on June 10 that there is a “lack in understanding” with the ministers’ travels and that they live “castellated”. Called it “pet peeve” criticism of Toffoli, who went to London to watch the Champions League final and took a security guard – at a cost of R$39,000.
In 2021, the Power360 showed that the Supreme Court magistrates had 32 security guards in Brasília, 16 in São Paulo, 4 in Rio and 7 in Paraná. The annual cost was R$7.9 million per year. Currently, however, the values are not clear on the STF website and it is not known exactly where each minister was with their security guards.
In Brazil, ministers of the country’s highest court are not required to annually disclose reports on their private activities, unlike what is done in the United States (understand this text).
US Supreme Court justices have been pressured about their relationship with the private sector. North American newspaper editorials and civil society have been critical of how judges act in private activities. There is a growing feeling that the actions of judges may represent a conflict of interest.
WHO ORGANIZES THE FORUM
The theme of the 2024 forum is “Advances and setbacks of globalization and new frontiers: legal, political, economic, socio-environmental and digital transformations”.
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