Text is a response to the Supreme; relationship between the Powers is tense with the judgment on the decriminalization of drug possession
The president of the Federal Senate, Rodrigo Pacheco (PSD-MG), presented this Thursday (September 14, 2023) a PEC (Proposed Amendment to the Constitution) to criminalize the possession and possession of all drugs – including marijuana. O Power360 It had already been said that the senator intended to present the text. Here’s the complete of the proposal (PDF – 2 MB).
The text states that the Drug Law (Law 11,343/2006) has a “double criminalization” which determines both drug trafficking and possession for personal consumption as crimes. According to Pacheco, this understanding is being “challenged” at the STF (Supreme Federal Court).
One of the arguments used by STF ministers to decriminalize the possession of marijuana for personal use is that, as there is no definition of quantity, black and poor people are more likely to be classified as drug dealers. To journalists, Pacheco said this Thursday (September 14) that it is not possible to correct an injustice with a text that can free small drug dealers.
“Based on the Proposed Amendment to the Constitution, I believe that there must be a review of the Anti-Drug Law, precisely to inhibit this situation that unfortunately occurs”, said Pacheco. “But we cannot, under the pretext of correcting this distortion, seek to measure a purely objective criterion [quantidade], because this will irremediably legitimize the trafficking of small quantities”.
The PEC is a response to the STF. As shown by the Power360Pacheco’s relationship with the Supreme Court was strained with the judgment on the decriminalization of drug possession.
Earlier this Thursday (September 14), Pacheco sent an indirect message to the Supreme Court about the issue. In a plenary session, the president of the Senate had said: “We are representatives of the Brazilian people, Chamber of Deputies and Federal Senate. We define the laws of the land. Obviously, This is a duty that needs to be recognized by all other Powers and by all other institutions”.
JUDGMENT AT THE SUPREME
The Supreme Court judges an action that questions article 28 of the Drug Law, which deals with transportation and storage for personal use. The penalties provided for are mild: warning about the effects, community service and educational measure of attending a program or course on drug use.
The trial has 5 votes in favor and one against the decriminalization of marijuana possession for personal consumption. The president of the STF, minister Rosa Weber, advanced her vote despite André Mendonça’s request for a review and voted for decriminalization.
Here are the votes of the ministers so far:
- in favor of the decriminalization of marijuana: Alexandre de Moraes, Edson Fachin, Gilmar Mendes, Luís Roberto Barroso and Rosa Weber;
- against decriminalization: Cristiano Zanin.
In August, Minister André Mendonça requested a review (more time for analysis), suspending the trial. He will have 90 days to analyze the issue before returning the process to the plenary.
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