PEC on drugs should be voted on this week

PEC on drugs should be voted on this week
PEC on drugs should be voted on this week
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The Proposed Amendment to the Constitution (PEC) on drugs is scheduled to be voted on in the first round in the Senate Plenary this week. PEC 45/2023 has already gone through three discussion sessions and, after the fifth session, it will be ready for the first vote in the Plenary. Three more discussion sessions will then be held before voting in the second round. Approval of the matter requires 49 votes from senators in each round, to then be forwarded to the Chamber of Deputies for analysis.

The PEC on drugs obtained a large majority in the Constitution and Justice Commission (CCJ). Presented by Senator Rodrigo Pacheco (PSD-MG), current president of the Senate and Congress, the proposal incorporates into the Federal Constitution the determination that the possession or possession of narcotics and similar illicit drugs are considered crimes, regardless of the quantity.

“I believe that, after the Holy Week holiday, we are now in a position to assess, in the first round, the proposed amendment to the Constitution”, stated Pacheco on Monday (25).

The rapporteur of the proposal, senator Efraim Filho (União-PB), included in the text the guarantee that the distinction between user and drug dealer must be respected by public authorities, with the application of alternative sentences to prison and the provision of treatment for users with chemical dependency .

PEC on drugs

The text under analysis in the Plenary does not modify the current Narcotics Law (Law 11,343, of 2006), which already establishes the differentiation between drug dealers and users. It was this law that abolished the prison sentence for users in the country. The PEC proposal approved by the CCJ stipulates: “the law will consider possession and possession, regardless of quantity, of narcotics and similar drugs, without authorization or in disagreement with legal or regulatory determination, as a crime, observing the distinction between dealer and user in all cases. the factual circumstances of the specific case, applicable to the user alternative sentences to prison and addiction treatment”.

In this way, the PEC will make it explicit in the Constitution that the possession or possession of any quantity of drugs, such as marijuana, cocaine, LSD and ecstasy, is a crime, and it is up to the Court to define, based on the evidence presented, whether the individual caught with drugs will be accused of trafficking or treated only as a user. If it is proven that the individual possessed illicit substances for personal use only, he or she will be subjected to alternative sentences to prison and treatment for chemical dependency.

(With Agência Senado).

The article is in Portuguese

Tags: PEC drugs voted week

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