After the STF interrupts the trial, Pacheco defends the processing of the drug PEC

The president of the Senate, Rodrigo Pacheco (PSD-MG), stated this Wednesday (6) that the decriminalization of drug possession for personal use cannot be decided by the Judiciary. He defended the processing of the drug PEC, which criminalizes the possession and possession of narcotics, “regardless of the quantity”. Pacheco spoke during the plenary session, after the Federal Supreme Court (STF) interrupted the trial that could decriminalize the possession of marijuana for personal consumption.

“What we cannot allow is decriminalization, including by a court decision… The reason for the existence of the PEC is simply to ensure that the Anti-Drug Law as conceived can provide for crimes, be they serious drug trafficking crimes, or a crime of less offensive potential, as is possession for use, but it is a crime and has legal consequences and it is good that it is even for the preservation of Brazil’s youth”, said Pacheco.

The senator also defended the Legislature’s prerogative to decide on the issue. For Pacheco, the Supreme Court cannot reverse a determination approved by Congress. “Evidently, jurisprudential constructions, based on concrete cases, that establish criteria for classifying crimes, whether trafficking or use, this is absolutely normal within the scope of the Judiciary. What we do not agree with is, obviously, with the deconstitution, for a judicial decision in an extraordinary appeal, of what Congress decided must be a crime”, he added.

He highlighted that the division between the Legislative and Executive is fundamental and does not represent any type of affront to the STF. “It is a legislative position in defense of the prerogatives of Parliament, which, due to constitutional reservation, is the one who must establish whether a law should define a fact as a crime or not, it is up to us as the National Congress”, he said.

This Tuesday (5), Pacheco stated that he intended to wait for the Court’s decision to guide the vote on the PEC in the Senate. However, opposition parliamentarians once again demanded analysis of the proposal. In response to colleagues, Pacheco said that Parliament does not want the decriminalization of drug possession.

Earlier, the president of the Constitution and Justice Committee (CCJ) of the Senate, Davi Alcolumbre (União-AP), called an informal meeting of the collegiate this Thursday (7) to decide whether the drugs PEC should be included on the agenda. The move comes after Minister Dias Toffoli requested a review and interrupted the trial on the issue at the STF.

So far, the score is 5 votes to 3 for the end of the criminal classification of users. The majority in the Supreme Court is achieved with at least 6 votes among the 11 ministers. With the request for review, Toffoli has 90 days to analyze the process. According to the Court’s internal regulations, after this period the action is released for trial.