Deputies demand STF retreat in drug possession trial

With the resumption of the drug trial at the Federal Supreme Court (STF) approaching, federal opposition deputies are demanding a “step back” from the judiciary on an issue that should be defined by the Legislature. Next Wednesday (6), the Court’s ministers will judge the decriminalization of drug possession for personal consumption.

The Court will decide whether the penalties provided for those carrying drugs for personal use, which are already mild, should be considered unconstitutional and no longer valid, which could overturn the last legal constraint on the purchase of illicit substances. They will also define what quantity of marijuana should distinguish trafficking from possession.

“We hope that the STF will back down on the issue of this vote, as a matter on this topic should already be voted on this week in the Senate. This matter is up to us to legislate, not the Supreme Court.”, he stated. Rodrigo Valadares (União-SE).

In the deputy’s assessment Sergeant Gonçalves (PL-RN), the “Judiciary cannot exercise the role of the Legislature”. “We are following this vote in the Supreme Court with great concern. It is important to highlight that the Judiciary cannot exercise the role of the Legislature, and this matter is a role that is up to us to decide,” said Gonçalves.

The deputy Colonel Telhada (PP-SP) pointed out the risk of legalizing “trafficking in small quantities”. “The Brazilian population is against drugs. This vote could legalize trafficking in small quantities, what they popularly call ‘little plane’. We can never admit that.”, he declared.

For the deputy Sergeant Portugal (Podemos-RJ), if the STF comes to decriminalize the possession of drugs for personal consumption, “police officers will be hostage to the interpretation of third parties as to whether the individual who had drugs was trafficking or just carrying them.” “Our police officers already wipe ice every day fighting drug trafficking. It will be a setback”, said Portugal.

The presidents of the Senate, Rodrigo Pacheco (PSD-MG), and the Chamber, Arthur Lira (PP-AL), have also expressed their opposition to the STF’s judgment on drug possession. Pacheco presented a PEC, which awaits analysis by the Senate’s CCJ, to “criminalize the possession and possession of narcotics and similar drugs without authorization or in disagreement with legal or regulatory determination.” And Lira defended the legislative role of the National Congress, which “does not allow other powers to deliberate on the issue”, even if “Congress decides not to legislate”

The trial that was resumed last year, after almost 8 years of interruption, already has five votes in favor and only one against. If there is one more vote in favor, the decriminalization of a certain amount of marijuana for personal use will be implemented.

In August, 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 trial to resume. Before Mendonça’s request for a view, the last minister to vote was Cristiano Zanin.