The Brazilian Senate Approves a Proposal that Criminalizes the Possession and Carrying of Drugs in Response to the Supreme Court

The Constitutional Amendment Proposal (PEC) includes in the Constitution a point criticized in the Anti-Drug Law and does not differentiate between user and trafficker


The Senate approved on Tuesday (16) in the first and second rounds the proposal that criminalizes the possession and carrying of drugs in the Constitution, in response to the judgment of the STF (Supreme Federal Court) that could decriminalize marijuana for personal use.

The PEC (Constitutional Amendment Proposal) was approved in the first round by 53 votes to 9 and, in the second round, by 52 to 9—3 votes more than the 49 required for the approval of changes to the Constitution. The text now moves to the Chamber of Deputies.

BRASÍLIA, DF, BRASIL 16-04-2024: Senate Chamber during the discussion and voting of the Drug Constitutional Amendment Proposal (PEC das Drogas). (Foto: Pedro Ladeira/folhapress, PODER) - Folhapress

If approved in the Chamber, the text will be promulgated by Congress, as constitutional amendments do not require the president's sanction.

The proposal adds to the text of the Federal Constitution that it is a crime to possess or carry drugs, regardless of quantity and substance—a prohibition that currently exists only in law.

The PEC was presented by the Senate President, Rodrigo Pacheco (PSD-MG), with the support of 30 senators in September 2023, a few days after the resumption of the trial that could decriminalize marijuana for personal use.

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