Pacheco presents PEC to criminalize possession of any amount of drugs

Senator Rodrigo Pacheco (PSD-MG), president of the Senate, is collecting signatures in support of his proposed amendment to the Constitution (PEC) that criminalizes the possession and possession of drugs in the country. The project is a prior response to the ongoing judgment by the Federal Supreme Court (STF) in order to decriminalize the conduct, contradicting the legislation in force and approved by the Legislature.

The text provides that possession and possession, “regardless of the quantity, of narcotics and similar drugs without authorization or in violation of legal or regulatory determination” will be considered a crime by law.

In his justification, Pacheco states that health is everyone’s right and the State’s duty. “In this context, preventing and combating drug abuse is an essential public policy for preserving the health of Brazilians.”

He recalled that, for this reason and recognizing the damage that drugs cause to families, the Constitution addressed the issue in several provisions, including equating drug trafficking with heinous crimes. Furthermore, he refuted the decriminalization thesis with the fact that there is no trafficking if there is no interest in acquiring illicit drugs. Pressured by colleagues, Pacheco had already expressed opposition to the advancement of the thesis in the STF and warned the Court about the prerogative of elected legislators and the risks of a decision in favor of the appeal.

“This understanding has been challenged within the scope of the Appeal
Extraordinary 635.659/SP1, which is under trial at the STF, and which has had its general repercussion recognized”, he warned.

So far, there are four votes in favor of the refusal to declare possession and possession unconstitutional, with only two remaining to be accepted. The objective of the PEC, which has previously been supported by the opposition and even senators from the government base, is especially to protect article of Law 11,343/2006, which deals with the topic. As a backdrop there is also the desire to protect the balance between the Powers of the Republic.