Barroso denies evangelical parliamentarians’ request to postpone marijuana trial

The president of the Federal Supreme Court (STF), minister Luís Roberto Barroso, denied this Tuesday (5) a request from the evangelical bench to postpone the trial that could decriminalize the possession of marijuana for personal consumption. He received representatives from the Evangelical Parliamentary Front and the Catholic bench. The Court’s plenary session is expected to resume its analysis of the case in the session scheduled for this Wednesday (6).

Barroso told parliamentarians that he understands the concern, but stressed that it is not possible to comply with the request, as the agenda would be empty. “We are not going to release marijuana. I am against drugs and I know it is a bad thing and it is the State’s role to combat the use of illegal drugs and treat the user”, said the minister.

In a note, the STF reported that Barroso explained during the meeting that “the Court will not decide on the release of drugs, but rather on the parameters to define what is characterized as trafficking or possession for personal consumption”. The minister highlighted that the prison sentence for drug possession was overturned by the National Congress itself.

At the meeting, he also stated that the law in force does not establish the user’s arrest and that there is a lack of objective criteria to differentiate the drug dealer from the user. According to the judge, those who define these criteria in practice are the police, “reinforcing stigmas and prejudices”.

“If a rich, white boy from the South Zone of Rio is caught with 25 grams of marijuana, he is classified as a user and is released. However, if the same amount is found with a poor, black boy from the outskirts, he is classified as a drug dealer and is arrested. This is what we have to fight… And this is what will be judged in the Supreme Court this week”, Barroso told parliamentarians.

According to the Court, the minister was willing to discuss, together with the evangelical and Catholic benches, alternatives to combat trafficking through public policies. “Trafficking is taking over our country and we have to admit that what we are doing now is not working. We need to change our plans. Let’s talk together, without ideologies”, stated the president of the Supreme Court.

So far, five ministers have voted to declare unconstitutional the article of the Drug Law that provides for criminal punishment for the user. As a result, if just one more minister votes for the decriminalization of marijuana possession for personal consumption, the Supreme Court will form a majority for decriminalization. Minister André Mendonça, who asked for more time to analyze the files in August 2023, is the next to vote. Nunes Marques, Luiz Fux, Dias Toffoli and Cármen Lúcia vote after him.