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The Senate is preparing its first reaction this Thursday to the Supreme Court's ruling on marijuana possession for personal use.

Davi Alcolumbre called a meeting with the members of the collegiate body to define the voting process for the proposed constitutional amendment (PEC) on drugs.

Senate plenary in Brasilia (Photo: REUTERS/Adriano Machado)

247 - The president of the Senate's Constitution and Justice Committee (CCJ), Senator Davi Alcolumbre (União-AP), has called a meeting with the committee members for this Thursday to define the voting process for the proposed constitutional amendment (PEC) on drugs, reveals reporter From the newspaper Estado de S.Paulo. The meeting will take place after the Supreme Federal Court (STF) resumes the trial on the decriminalization of marijuana possession for personal use this Wednesday, the 6th.

According to reporting by journalist Gabriel de Souza, on Tuesday, the 5th, Pacheco stated, after meeting with opposition parliamentarians, that the Senate would await the Supreme Federal Court's decision on the matter before considering the proposed constitutional amendment. "I have already expressed my point of view regarding this, concerning the integrity of the law that was voted on in the National Congress. We will await the decision of the Supreme Federal Court and then make an assessment," he said.

However, this Wednesday, he told... TV Globo that his statement was misinterpreted and that "waiting" would mean analyzing whether the decision would constitute a "legislative intrusion" rather than an interruption of the amendment proposal's processing.

"The proposed constitutional amendment is proceeding normally, it's in the Constitution and Justice Committee, independent of the Supreme Court's ruling, so there was some confusion regarding that. My statement about waiting for the Supreme Court's decision is just so we can determine whether there is legislative interference or not," he said.

The proposed amendment to the Constitution regarding drugs, scheduled for the end of 2023, was an immediate reaction after five Supreme Court justices voted to legalize the possession of marijuana for personal use.

Learn more Supreme Court Justice Dias Toffoli requested a review and postponed the trial at the Court. Regarding the decriminalization of drug possession for personal use. For now, the score is 5 to 3 in favor - ministers Gilmar Mendes, Edson Fachin, Rosa Weber, Alexandre de Moraes and Luis Roberto Barroso voted for decriminalization. Nunes Marques, André Mendonça and Cristiano Zanin voted against.

The president of the Supreme Federal Court (STF), Minister Luís Roberto Barroso, at the beginning of the session this Wednesday (6), explained that the topic under discussion in the Court is not about the legalization of drugs, but rather the definition of parameters to determine what can be characterized as trafficking or possession for personal consumption. He stressed that the discussion revolves solely around the personal use of marijuana and not other drugs. “Drugs are not being, nor will they be, legalized in the country by a decision of the STF. Legalization is a decision that falls to the Legislative Branch and not the Judicial Branch,” he stated.

Barroso explained that the Drug Law (Law 11.343/2006) stipulated that users do not go to prison and provided for alternative sanctions for users, but did not define parameters. He stressed that it is necessary to establish objective criteria to help the police, the Public Prosecutor's Office, and the Judiciary differentiate between users and traffickers and avoid discrimination against people caught with marijuana simply based on education, income, or the location where the arrest occurred. "What is at stake is avoiding the unequal application of the law based on the user's race and social and economic conditions," he said. Therefore, according to the minister, it is necessary for the Judiciary to determine the quantity of drugs compatible with use, to avoid discrimination against Black and poor people.