O Supremo Tribunal Federal (STF) decidiu ontem (25), por oito votos a três, pela descriminalização do porte de maconha para uso pessoal. Entre os contrários à tese estão dois ministros indicados pelo ex-presidente Jair Bolsonaro (PL), Nunes Marques e André Mendonça.
Nunes Marques e Mendonça afirmaram que o debate sobre o tema deve ocorrer no Congresso, sendo que Mendonça defendeu um prazo de 180 dias para que sejam estabelecidos critérios objetivos para diferenciação de usuário e traficante.
O detalhamento da decisão deverá ser anunciado em sessão a ser realizada nesta quarta-feira (26). A quantidade sugerida apresenta divergências: alguns sugerem 40 gramas, outros, 60g, e há os que afirmam que a decisão deve partir de um debate entre Congresso e entidades como a Anvisa.
A decisão da Suprema Corte fez com que o Legislativo reagisse. O presidente do Senado, Rodrigo Pacheco (PSD-MG), criticou a posição e afirmou que “uma descriminalização só pode se dar por meio do processo legislativo e não por uma decisão judicial”.
A Proposta de Emenda à Constituição (PEC) 45/2023, que visa criminalizar o porte de qualquer quantidade de droga, após aprovação na Comissão de Constituição, Justiça e Cidadania da Câmara dos Deputados, irá para comissão especial para debate do tema, conforme anunciado por Arthur Lira (PP-AL).
Se aprovada, a matéria seguirá para votação no plenário da Casa em dois turnos. Se houver alguma alteração, o texto deverá passar novamente pela aprovação do Senado.
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