Pacheco: Decriminalization of drug possession cannot come from a Supreme Court decision.
The Senate president has positioned himself in favor of criminalizing the consumption of substances currently considered illicit.
247 - The president of the Senate, Rodrigo Pacheco (PSD-MG), stated this Wednesday (6) that the Judiciary cannot decide on the decriminalization of drug possession for personal consumption in Brazil. In the Supreme Federal Court (STF), the The score is 5 to 3 in favor of decriminalization.On Wednesday, the trial was suspended following a request for review made by Minister Dias Toffoli.
"What we cannot allow is decriminalization, including through a judicial decision," said the congressman, adding that the country could face a "legal vacuum" due to the legalization of substances with the approval of the Supreme Federal Court.
"We do not agree with the judicial decision overturning what Congress has decided should be a crime. This distinction, which is fundamental to making, does not constitute a confrontation or affront to the Supreme Federal Court," Pacheco continued.
The Senate president once again defended, this Tuesday (5), the proposed amendment to the Constitution that criminalizes the possession and carrying of drugs regardless of quantity (PEC 45/2023).
The proposed constitutional amendment, which has Pacheco as its first signatory, is under analysis in the Constitution and Justice Committee (CCJ), under the rapporteurship of Senator Efraim Filho (União-PB). "We will await the Supreme Court's decision. I hope the Supreme Court decides in the best possible way. The Supreme Court has the authority to decide on matters of constitutionality," he stated.
Scenario at the Supreme Federal Court
Ministers Gilmar Mendes, Alexandre de Moraes, Rosa Weber (retired), and Luís Roberto Barroso established a quantitative criterion for defining personal consumption as 60 grams of marijuana or six female plants.
Minister Edson Fachin, despite understanding the provision to be unconstitutional, does not set a specific amount, as he believes that the Legislative branch should establish the limits.
Three other votes uphold the validity of the Drug Law rule. Ministers Cristiano Zanin and Nunes Marques, however, set the quantity at 25 grams or 6 female plants to characterize use. Minister André Mendonça, on the other hand, limits the quantity to 10 grams.
Minister André Mendonça, in presenting his dissenting opinion, argued that there is a false image in society that marijuana is harmless. However, in his view, the use of the drug is the "first step towards the precipice." In his opinion, the judge established a 180-day deadline for Congress to set objective criteria to differentiate between users and traffickers, and proposes possession of 10 grams as a provisional parameter.
Similarly, Minister Nunes Marques stated that the decision regarding decriminalization should be addressed by the Legislative branch. In his view, drugs affect not only the user but also the addict's family and society, contradicting the legislator's objective of removing the danger of drugs from the social environment.
* With information released by the Senate Agency and the Supreme Federal Court.