STF will decide whether possession of drugs for personal consumption is a crime
[ad_1]
The President of the Federal Supreme Court (STF), Minister Rosa Weber, scheduled the judgment that will decide whether the possession of drugs for personal use is a crime for the next May 24th. The deliberation on the subject has recognized general repercussions. The rapporteur is Minister Gilmar Mendes.
>> Be part of the Life and Citizenship channel on Telegram
The case under analysis was presented by the São Paulo State Public Defender’s Office on behalf of a prisoner sentenced to two months of community service in 2010 after being caught inside his cell at the Provisional Detention Center in Diadema (SP), with three grams of marijuana. The Ombudsman argues that article 28 of the Drug Law (Law 11.343/2006), which punishes the possession of drugs for personal use, would offend the constitutional principle of intimacy and private life.
The trial has been interrupted since 2015, when Minister Teori Zavascki requested a review of the case file. With the death of Zavascki in 2017, the process was transferred to Alexandre de Moraes, who released the case for judgment in November 2018.
In 2015, Gilmar Mendes voted for the unconstitutionality of article 28, in favor of the decriminalization of personal possession of drugs. For him, the device would violate the principle of proportionality and that punishing the user would be ineffective in the fight against drugs. Therefore, he understood that it was necessary to remove the penal effects, maintaining only administrative punishments, such as a fine.
At the time, ministers Edson Fachin and Luís Roberto Barroso followed Mendes’ opinion, but only for marijuana possession.
[ad_2]
Source link
