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The President of the Federal Supreme Court, Dias Toffoli, announced Monday (17) that the STF will judge June 5, 2019 whether the wearing of drugs for his personal use is a crime.
- Prison after second instance will be tried in April
Last month, Minister Alexander de Moraes published the action on possession of drugs for his trial, missing the definition of the date.
The case concerns Alexander de Moraes, who inherited the proceedings initiated by Teori Zavascki, who died in 2017 after a plane crash – Teori had requested a hearing, which gave him more time to badyze the case.
Three of the eleven union police ministers already spoke about the issue in 2015, when the case began to be judged.
The three ministers voted in favor of decriminalizing drug use. As the case has a general repercussion, the decisions of the STF will have an impact on all actions brought before the courts of the country.
On the thirteenth day, the appeal's rapporteur, Gilmar Mendes, dismissed the stay of proceedings on this matter. He considered that the fact that the process has a general repercussion is not sufficient to suspend further actions on the same subject, each rapporteur being responsible for this decision.
Mendes pointed out that it was a controversial subject and that it was necessary to wait for a definition of the plenary session on the FTS.
When the case began to be tried, Gilmar Mendes voted for the unconstitutionality of Article 28 of the Narcotics Act, according to which it is a crime punishable by alternative penalties "to buy, transport or transport drugs for personal use".
In addition, Gilmar Mendes voted in favor of the application of administrative penalties to people who carry drugs, not a criminal sentence.
Ministers Luiz Edson Fachin and Luís Roberto Barroso, although they also demonstrated the unconstitutionality of Article 28, limited the vote to possession of marijuana.
"It is necessary not to confuse morality with the law.There are things that society can find bad, but they are not.If an individual in the solitude of his nights drinks up to faint in bed, it can be bad but not If you smoke a half-wallet of cigarettes between dinner and bedtime, it looks bad, but it's not illegal. For me, it should be the same if he smokes a joint between dinner and bedtime.I say that's good, but only that the state should not invade this sphere of his life to say whether he can or not, "Barroso said at the time.
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