‎Brazil News

 

 

 

 

See the score:

 

Despite disagreements regarding the nature of the illicit act, the nine ministers agree on the need to establish an objective criterion to differentiate personal use from drug trafficking. However, the Court has not yet defined the specific quantity that separates these two situations .   

 

Check out how each minister voted:

 

The majority of the STF voted to decriminalize possession of marijuana for personal use. 

Clarification

 

This afternoon, Minister Barroso made a clarification to society that the STF is not legalizing the use of marijuana. Barroso was emphatic in stating that possession of drugs, even for personal consumption, continues to be an illicit act.

 

" The Supreme Court is not legalizing drugs, maintaining consumption as illicit behavior, let's be clear, " said the minister. He highlighted the importance of educating families in a culture of not consuming illicit drugs, recognizing the dangers associated with the use of these substances.

 

" We all have families and children and we all educate them in a culture of not consuming. We are aware that illicit drugs are a bad thing, " he reinforced.

 

The central discussion, according to Barroso, is not legalization, but the nature of punishment: whether the illicit act should be treated as a crime or as an administrative infraction.

 

He explained that, currently, art. 28 of the drug law provides for penalties such as warning, provision of community services and educational measures for users. He clarified that decriminalization would remove the penalty for providing services to the community, recognizing that the user may need treatment, not corporal punishment.

 

He added that the only practical consequence would be the modification of sentences, avoiding the excessive criminalization of users.

 

Barroso also highlighted that the Supreme Court intends to create an objective criterion to define the quantity of drugs that characterizes personal consumption. He highlighted the disparity in the treatment of similar cases in different social contexts.

 

" We want to avoid discrimination between rich and poor, white and black. We want to have a rule that is the same for everyone, " said the minister.

 

See the moment:

 

 

 

Medicine vs poison

 

Minister Dias Toffoli, when casting his vote, addressed the coexistence of legal and illicit drugs in the same legal system, emphasizing that the dosage is what distinguishes a medicine from a poison.

 

" Historically, humanity has used drugs for medicinal, recreational and cultural purposes since ancient times, without this necessarily being seen as a social problem ," he stated.

 

The minister mentioned that cannabis has been consumed for thousands of years. He recalled that hemp, derived from marijuana, was crucial for the production of ropes and naval cables, allowing the expansion of maritime trade by providing strong sails for vessels.

 

He highlighted the medicinal use of the plant, which was an effective painkiller before the introduction of aspirin in 1899.  " Cannabis was prescribed as a medicine to combat inflammation, pain and convulsions ", he stated. He also mentioned that the plant has an anesthetic effect 30 times greater than aspirin.

 

Furthermore, it addressed the historical use of alcohol, opium, cocaine and hallucinogens, pointing out that alcohol has been a constant in different cultures around the world for approximately 8 thousand years.

 

" Alcohol was historically valued as a safe source of water when drinking water was not available ," noted Toffoli, acknowledging that despite its harmful effects, alcohol is legally sold and consumed in most countries.

 

He highlighted that alcohol consumption is a causal factor in more than 200 diseases and injuries, including mental and behavioral disorders, serious illnesses such as liver cirrhosis, carcinomas and cardiovascular diseases. " Despite its harmful effects, alcohol is often encouraged through television commercials and through social pressure at events, " she commented.

 

In conclusion, the minister emphasized that, although substances currently considered harmful have played important roles in history, this does not mean that their consumption is safe or recommended.

 

Health issue

 

Your Excellency. emphasized the importance of addressing the drug issue with an approach focused on health and recovery, rather than mere criminalization.

 

According to the minister, the legislator's option to establish sanctioning measures to curb the indiscriminate possession of drugs is legitimate. He highlighted that this choice is a prerogative of the National Congress, which must undertake the necessary legislative measures to advance the policy of repressing drug trafficking and treating users.

 

However, for Toffoli, current policy must be reevaluated to prioritize damage reduction and international cooperation. He argued that treating users as criminals is not the best public policy for a democratic rule of law.

 

He argued that the focus should be on health and recovery, providing users with dignified and effective treatment, instead of simply criminalizing them.

 

" I am convinced that treating the user as a drug delinquent is not the best public policy in a democratic social state based on the law ," declared Toffoli.

 

In the end, the minister voted for

 

" a) recognize the constitutionality of article 28 of Law No. 11,343/2006;

 

b) recognize that the application of the measures provided for in sections I to  III of this provision does not entail criminal effects;

 

c) Appeal to the Legislative and Executive Powers so that, within  18 months, they formulate and implement a public drug policy,  as provided for in art. 28 of Law 11,343/06, interinstitutional,  multidisciplinary, based on scientific evidence, which must  necessarily include the regulation of the measures provided for  in items I to III of art. 28, the establishment of objective criteria for  differentiating between cannabis users and dealers and the formulation of  programs aimed at treatment and comprehensive care for users and  dependents;

 

d) Determine that the public policy referred to in item "b" involves  all federal bodies operating in the areas of health (Ministry of  Health and ANVISA), education (Ministry of Education and  National Education Council), work and employment (Ministry of Labor and  Employment and the National Labor Council), public security  (Ministry of Justice and Public Security and National Secretariat for  Drug Policies and Asset Management), among others whose themes  must necessarily permeate the national drug policy as  a condition for its effectiveness and effectiveness;

 

e) Appeal to the Legislative and Executive Powers so that, in order to  make the public policy referred to in the previous items viable, they guarantee  sufficient budget allocations and the respective release of amounts  to comply with the measures provided for in art. 28 and other  initiatives aimed at implementing the decriminalizing policy,  through the appropriate financial and budgetary adjustments; It is 

 

f) Propose that the Executive Branch initiate a permanent  public education campaign about the harms of drug use, in the same way as  the successful anti-smoking campaign was carried out.  "

 

Thus, maintaining the constitutionality of the drug law provision, the minister voted to extinguish its criminal effects, removing the criminalization of marijuana use. 

 

See excerpts from the vote:

 

 

 

The case

 

The Supreme Court analyzes the constitutionality of art. 28 of the drug law ( law 11,343/06 ), which established the figure of the user, differentiating him from the drug dealer, subject to more severe penalties. In order to distinguish users and traffickers, the legislation provides alternative penalties for those who acquire, transport or possess drugs for their own consumption, such as providing services to the community, warning about the effects of drugs and mandatory participation in an educational course.

 

Although the law abolished the prison sentence for users, the criminalization of drug possession for personal consumption was maintained. Consequently, users continue to be subject to police investigations and legal proceedings aimed at enforcing alternative sentences.

 

In the specific case that led to the trial, the defense of a defendant convicted of drug possession requests that possession of marijuana for personal use no longer be considered a crime. The accused was arrested in possession of three grams of marijuana.

 

Due to the lateness of the hour, the trial was suspended and will resume next week, with a vote from Minister Luiz Fux.

 

Process : RE 635.659

 

link: https://www.migalhas.com.br/quentes/409743/julgamento-historico-stf-diz-que-usar-maconha-nao-e-crime