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The judges of Brazil’s highest court voted in favor of decriminalizing the carrying of dope for personal use, in a trial that began in 2015 and that keeps the polarized Brazilian society divided.
“A majority is formed” to decide “that carrying for personal consumption (of dope) constitutes an illegal action without a criminal nature,” summarized the president of the Supreme Federal Court (STF), Luis Roberto Barroso.
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The majority was reached after announcing the favorable vote of judge José Antonio Dias Toffoli. In the end, eight of a total of 11 STF judges voted in favor and three against decriminalization.
Barroso specified, however, that it remains “the prohibition of consumption in public places.”
Current legislation, dating back to 2006, punishes anyone who “acquires, stores, transports or carries for personal use drugs without authorization,” including dope.
Although the penalties are light for consumers – providing community services or participating in an educational program -, The law leaves it to the judges to determine whether the carrier is a user or a trafficker. The latter faces heavy prison sentences.
The judges also debated in this process what amount of dope must be set to differentiate the user from the dealer.
Although the majority of magistrates voted in favor of defining a limit for users, there were differences over the quantities, with proposals of 25 grams and 60 grams. This decision, Barroso said, will be announced on Wednesday.
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Last year, when explaining his vote in favour, Judge Alexandre de Moraes had harshly condemned the existing anti-drug law, which enables the punishment of “young people, especially uneducated blacks, who are treated like drug dealers for possessing small amounts.”
Once this process is concluded, all judicial instances must follow the solution adopted by the STF when judging cases on the possession of dope.
The trial responds to an appeal filed by the defense of a prisoner convicted of hiding three grams of dope.
The issue is very controversial in Brazil, where Conservative organizations strongly oppose decriminalizing drugs and an initiative contrary to the Supreme Court’s decision is advancing in parallel in Congress.
The Senate, with a conservative majority, approved in April a project that introduces the crime of possession and carrying of drugs into the Constitution regardless of the quantity.
Since then, The amendment was awaiting debate in the Chamber of Deputies.
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Following the court’s vote, House Speaker Arthur Lira created a “special commission” to discuss the bill.
Senate President Rodrigo Pacheco, for his part, criticised the actions of the STF, referring to an “invasion of powers”.
“Decriminalization can only occur through the legislative process and not by a judicial decision,” he told reporters.
Thousands of people marched in Sao Paulo this month against the bill and in favor of decriminalizing cannabis.
