Osmar Terra criticizes STF’s “invasion of responsibility” on drugs

The Federal Supreme Court (STF) postponed the continuation of the trial on the decriminalization of drug possession for personal consumption, which was scheduled for this Wednesday (23). In the early afternoon, parliamentarians from the conservative bench criticized the STF’s “hasty” manner in wanting to judge an issue that should be debated and voted on in the National Congress.

In an exclusive interview with People’s Gazettefederal deputy Osmar Terra (MDB-RS), former Minister of Citizenship in the government of former President Jair Bolsonaro (PL), considered the STF’s attempt to decriminalize the possession of drugs for personal use “very serious”.

“It is an issue that affects the population so much, on such a gigantic scale, causing loss of life, destruction of families and people who have nothing to do with drugs die as a result of users. Are we going to legalize this?”, he says.

In the STF judgment, the ministers will decide whether the penalties provided for those who possess drugs for personal use, which are already mild, should be considered unconstitutional and cease to be valid, which could overthrow the last legal constraint on the purchase of illicit substances. Matter of People’s Gazette explained that there is no prison sentence for possession, and the punishment is limited to warning about the effects of drugs, providing services to the community and educational measure of attending an educational program or course.

According to Terra, if the STF agrees with decriminalization, drug consumption in schools will increase and this will only contribute to the increase in drug trafficking. “The boca de fumo does not sell wholesale, it sells retail in small quantities, so it won’t arrest anyone else. So, it is very serious ”, she adds.

Deputy wants plebiscite on decriminalization of drug possession

The former minister also reinforced the importance of people demonstrating against the constant invasions of the Court’s responsibility and proposed a plebiscite on the decriminalization of drug possession.

“We have to resist and express our dissatisfaction by proposing a plebiscite [sobre a descriminalização do porte de drogas]. If we don’t have the capacity to represent the Brazilian people, let the people be heard, and not 11 ministers in an issue that is political and not technical”, he highlights.

If the STF agrees to remove the minimum amount for possession of drugs, Terra says that “Congress can make a PDL [Projeto de Decreto Legislativo] suspending the effects [da decisão da Corte] until a referendum takes place.

votes at trial

On August 2, Minister Alexandre de Moraes voted in favor of decriminalizing the possession of marijuana for personal use. In addition to Moraes, ministers Gilmar Mendes, rapporteur for the action, Edson Fachin and Luís Roberto Barroso have already voted for decriminalization.

The votes of ministers André Mendonça, Kassio Nunes Marques, Luiz Fux, Dias Toffoli, Cármen Lúcia, Rosa Weber and Cristiano Zanin still remain.

The decision of the STF will have general repercussions, that is, it must be followed by all instances of the Judiciary.