Starting this Monday (June 30), the I Criminal Procedural Collective Effort of the Fair Sentence plan begins, aiming to review cases nationwide. One of the main focuses is the possession of marijuana for personal use, following a recent decision by the Federal Supreme Court (STF). The action is coordinated by the National Council of Justice (CNJ), with technical support from the program Making Justice.

What will be done in cases of marijuana possession?

State and federal courts will reassess cases of individuals convicted of marijuana possession for personal use. The idea is to apply the new understanding of the STF, which decriminalized this conduct within certain limits. The reassessment takes place in stages, and the Public Defender's Office, lawyers, and the Public Prosecutor's Office may provide input on each case.

Four different paths can be taken:

- Maintenance of the sentence, if the case does not fit the STF criteria;

- Cancellation of the conviction, when based on Article 28 of the Drug Law;

- Review of trafficking convictions (Article 33), if the sentence was disproportionate;

- Referral for a new opinion from the parties (Public Prosecutor's Office and defense).

Not all cases will necessarily be resolved during the collective effort. They are queued for analysis, which will continue even after July.

How were the cases selected?

Preparations began in May, with data extractions from SEEU and the National Bank of Criminal and Prison Measures (BNMP 3.0). In June, CNJ Ordinance No. 167/2025 was published, establishing rules and deadlines. At the end of the month, the courts submitted forms with cases that may enter the collective effort. These cases will still undergo technical and legal filters, with individual evaluation.