Drug decriminalization trial may resume next week

The trial of the decriminalization of drugs may be resumed next week after Minister Gilmar Mendes, of the Federal Supreme Court (STF), returns the case in which he is rapporteur, and which has been suspended since last week after the presentation of the vote by Minister Alexandre by Moraes.

The magistrate suggested the resumption for August 16, according to information published by the newspaper The globe this Tuesday (8). The STF, however, has not yet confirmed the date.

Gilmar Mendes is expected to adjust the 2015 thesis considering subsequent votes by ministers Luís Roberto Barroso, Edson Fachin and Alexandre de Moraes, the latter suggesting that possession of 25 to 60 grams of the drug, or six female plants of the cannabis sativabe presumed to be personal use.

Moraes highlighted the need for a standard amount to distinguish drug dealers from users, seeking equal treatment between social groups. “There is a need to equalize a standard average amount as a relative presumption to characterize and differentiate the dealer from the bearer for own use,” he said.

In the original 2015 thesis, Gilmar Mendes defended the decriminalization of possession of all drugs. Fachin, Barroso and Moraes agree only for marijuana, which suggests that Mendes may adjust his original position.

Gilmar Mendes, the oldest member of the STF, pledged to return the process as soon as possible, meeting the wishes of Justice Rosa Weber, who plans to anticipate her vote to guarantee a majority in the decriminalization of marijuana possession before her retirement in September.

Behind the scenes, it is speculated that Gilmar Mendes avoided prolonging the debate so as not to impact another judgment of his concern, which discusses the institution of the guarantee judge. This judgment is scheduled for Wednesday (9) – he is critical of the injunction that suspended the implementation in January 2020, issued by Luiz Fux.