O federal Senate approved in the session last Tuesday (19) the proposed amendment to the Constitution (PEC) which aims to criminalize both the possession and possession of illicit drugs in any quantity. The text had been passed through Constitution, Justice and Citizenship Commission (CCJ) on March 13th.
Authored by the president Rodrigo Pacheco (PSD-MG), a PEC includes in article 5 of the federal Constitution an excerpt that claims that “the law will consider possession and possession, regardless of quantity, of narcotics and similar drugs without authorization a crime.”
In the first round, voting ended with 53 votes in favor e nine opposites the call “PEC of Drugs“. In the second, the score was 52 a new ones.
Now the text goes to Chamber of Deputies.
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Last month, the same topic was judged in the Supremo Tribunal Federal (STF). The case, however, has not yet been concluded in court. Currently, ministers are analyzing the possibility of establish a criterion that differentiates a user from a drug dealer.
Although several analysts see the scenario as an “arm struggle” between the powers Legislative e Judiciaryboth the National Congress as the STF do not exceed the limits of their competences defined by the federal Constitution.
The judges began to analyze the matter in 2011, when an appeal reached the Supreme Court proposing a debate on the amount of narcotic that a user can upload without being considered a drug dealer.
It is worth remembering that the Drug Lawfrom 2006, does not establish a material and objective criterion to distinguish the two situations. To date, however, the majority of STF ministers have concluded that this differentiation is necessary.