2023-08-02 12:33:50
Dorivan Marinho/SCO/STF
Facade of the Federal Supreme Court building
This Wednesday (2), the Federal Supreme Court (STF) should resume the judgment that discusses the decriminalization of drug possession for personal consumption. The issue began to be analyzed in 2015, but the trial was suspended after a request for a review by Minister Alexandre de Moraes and is the first item on the agenda for today’s session.
The expectation is that even if the posse
is released, the ministers of the Court still determine some criteria to differentiate users from drug dealers.
O judgment
tries to acquire, store and transport drugs
for personal consumption, which today is considered a low-level criminal offense, according to Article 28 of the Drug Law (Law 11.343/2006).
Despite being considered a crime, the accused of drug possession
is not arrested. The foreseen penalties are warning about the effects of drugs, community services and educational measure of attending a program or course on drug use.
The penalty for drug trafficking, however, ranges from 5 to 20 years in prison. The action will remain a crime and will not be discussed by ministers.
The issue of drug possession had also been initially scheduled for the May and June sessions of the Supreme Court, but it was postponed.
The debate takes place based on an appeal presented in 2011, after a man was caught carrying 3g of marijuana inside the provisional detention center in Diadema (SP).
The Justice of SP kept the man under arrest, but the Public Defender’s Office questions the decision, saying, among other points, that the criminalization of individual possession violates the right to freedom, privacy, and self-injury.
So far, three ministers have voted in favor of some form of decriminalization of drug possession. They are: Luís Roberto Barroso, Edson Fachin and Gilmar Mendes.
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