Bill that criminalizes drug possession receives support from psychiatrists and criticism from public defenders

Last Tuesday, the Committee on Constitution and Justice held a public hearing to discuss the Constitutional Amendment Proposal that aims to criminalize the possession and carrying of any amount of drugs. The event brought together experts and representatives from the Judiciary, revealing divergent opinions on the subject. 

The PEC, presented by Senator Rodrigo Pacheco and reported by Senator Efraim Filho, received support from psychiatrists concerned about the harm caused by drugs. Antônio Geraldo da Silva, president of the Brazilian Association of Psychiatry, emphasized the need to expand research for health benefits in different types of medications, not just limited to cannabis. 

However, criticisms of the proposal emerged, especially regarding the commercial aspect involved in the legalization of marijuana. Ronaldo Laranjeira, coordinator of the Alcohol and Drug Research Unit at the Federal University of São Paulo, warned about the increase in the illicit market in the United States after legalization. He expressed concern about the possibility that the PEC may not be effective enough to contain the opportunism of the pharmaceutical industry in selling products with CBD. 

On the other hand, the coordinator of the Criminal Policy Commission of the National Association of Public Defenders, Lúcia Helena de Oliveira, expressed opposition to the PEC, arguing that the proposal contradicts constitutional principles, reinforcing concerns about mass incarceration and the subjectivity of drug laws. 

Sentor Marcelo Castro, who has worked as a psychiatrist, highlighted the complexity of the issue and the need for a deeper reflection on the consequences of a possible approval of the PEC. He emphasized that the approach needs to take into account the implications for society and avoid simplifying the classification of any amount of drugs as a crime.  

The debate revolved mainly around the definition of who is a user or a trafficker in the eyes of the law. However, according to legislators present, subjectivism will depend on discretion, that is, when legislative powers are granted to the public administration as a tool for it to exercise its administrative function in defense of the public interest.  

“Subjectivism is infinite. It will depend a lot and even on the prejudices of the person,” Castro concluded. 

The PEC now moves on to be discussed in other committees within the Federal Senate before reaching the desk of President Luís Inácio Lula da Silva, who can approve or veto the decision.