“Change in the anti-drug law will open the door to trafficking”, says Osmar Terra

Federal deputy Osmar Terra (MDB-RS) denounced this Tuesday (5) that “the Federal Supreme Court (STF) assumes the functions of the legislative power, when wanting to determine the quantities of drugs to be taken by someone”. The statement was in reference to the resumption of the trial scheduled for this Wednesday (6).

“Instead of deciding whether article 28 of the Drug Law is constitutional or not, it wants to legislate on the quantity of drugs that someone can possess to be considered a user or dealer. This is the role of Congress, with its legally elected members”, he said in a note sent to People’s Gazette.

Terra also recalled that “drug policy was intensely debated and voted on in 2006”, and in 2019 it was voted on again. “For 13 years, I participated in debates on this topic. I am the author of the 2019 law. We maintained article 28, as it preserves the issue of drug addicts, who need treatment. He needs to serve a sentence. It is considered a crime to embarrass him, but he will not be arrested”, explains the parliamentarian from Rio Grande do Sul.

According to the deputy, the STF can “open the door to all drugs”. “The change in the law will pave the way for an increase in trafficking. The trafficker will always carry the minimum quantity that the STF decides. If he is arrested, he claims it is for his own consumption. Once released, he goes to where he hides the drugs and continues acting, undisturbed,” he declares.

He questions the argument that it is necessary to decriminalize the possession and use of drugs, on the grounds that there is no point in criminalization. “It is the same as ending the Maria da Penha law because it has not reduced domestic violence against women. On both counts, it will be much worse without criminalization,” he points out.

Osmar Terra also adds the need for the population to speak out “against the idea of ​​allowing the possession of drugs for personal consumption”. “If the STF allows this to happen, we will have a public health tragedy in Brazil and an increase in trafficking”, he explains.

The STF will resume judging the matter this Wednesday (6). The case returned to the plenary last year, after almost 8 years apart, and already has five votes in favor and only one against for the decriminalization of marijuana.

In August 2023, the analysis was suspended after minister André Mendonça requested a review of the process and at the end of the year he returned the action for the return of the trial.

Ministers Alexandre de Moraes, Edson Fachin, Gilmar Mendes (reporter of the action), Luís Roberto Barroso and Rosa Weber, retired minister and former president of the Court, have already voted in favor of releasing the drug. Only Cristiano Zanin has voted against so far.