A group of 23 SDP deputies has asked the Constitutional Court (CC) to declare unconstitutional changes made to the drug law regarding the distinction between illicit trafficking and consumption, considering it a “deviation from the norm.”
Social Democratic MPs on Thursday submitted a request to the Labor Committee for an abstract sequential review of the constitutionality of the new drug law, which came into force at the beginning of the month.
We are talking about changes made that determine that if the purchase and possession of drugs exceeds “the amount required for average individual consumption over a 10-day period, this is an indication that the purpose may not be consumption” but, yes, trafficking drugs. , whereas previously the maximum limit was five days.
Lawmakers also disagree with a rule that states that even if the purchase or possession of substances exceeds the amount consumed within 10 days, the court can decide that the drugs are “solely for personal use,” in which case the case can be dismissed , decide not to prosecute the accused or acquit him and send him to the commission for combating drug addiction.
“There was a distinction between consumers and traffickers who operated on the basis of a regulation that determined the minimum daily amount a person could carry on their person without being considered a trafficker, and the PS changed that rule and created a loophole and a gateway for traffickers to be difficult to convict because that even if a person has a quantity that far exceeds what is needed for consumption, he can declare that it is intended for consumption and avoid the crime of trafficking in persons,” said MP Luse Sare Madruga da Costa, the first subscriber to the request.
Defending that this change “does not make any sense and is unconstitutional”, the MP elected by Madeira argued that the requirement for a consistent review of the Labor Code is aimed at “slowing down this rejection of this law, which, instead of taking the path of tightening the Approach Convicting drug dealers goes in exactly the opposite direction by allowing those in possession of drugs to claim they are for their own consumption and thereby avoid drug trafficking crime.”
The author of the initiative is the deputy Sara Madruga Costa, who indicated that the request has received “confirmation” from the leadership of the parliamentary bench and is accompanied by deputies such as Adau Silva (Vice President of the Assembly of the Republic), Fernando Negrao (President of the Committee on Constitutional Affairs, Rights, Freedoms and guarantees), Alexandre Pozo (leader of the JSD), Paula Cardoso, Clara Marques Mendes, Jorge Paulo Oliveira and Miguel Santos (vice-presidents of the parliamentary group).
This group of social democrats asks the TS to “declare the unconstitutionality of this norm due to the violation of the principle of legality in the form of typicality and put an end to this loophole that the TS has created in the law and which will make the fight against drug trafficking very difficult,” said Sara Madruga da Costa.
“This uncertainty that is created in criminal law, in our opinion, is unconstitutional, because when we talk about the rules of punishment in a criminal court, we must know with certainty what behavior is punishable by law, and with this change we no longer know at what point does a person commit or not commit a crime related to human trafficking,” he said.
The SDP MP believes that the new rules cause “a lot of legal uncertainty” and introduce a “big gray area”.
Sara Madruga da Costa also noted that this “very abrupt” change – for which she cannot understand the reason – calls into question “a system that has worked well for more than 20 years” as it “worsens existing legislation.” framework”.
The elected official recalled that the new law had generated some controversy, including requests for review by Interior Secretary José Luis Carneiro and “great caution” by Health Minister Manuel Pizarro.
The Social Democrat also noted that nine PS deputies abstained from voting on the diploma, and the remaining board voted in favor.
The new drug law was approved on July 19 with votes in favor of the PS, IL, BE, PCP, PAN and Livre, against Chegi and with the abstention of the PSD and Socialist deputies Maria da Luz Rocinha, Carlos Bras, Rui Lage. , Fátima Fonseca, Catarina Lobo, Maria João Castro, Thiago Barbosa Ribeiro, António Faria and Joaquim Barreto.
The decree decriminalizing synthetic drugs and drawing a new distinction between illicit trafficking and consumption was already analyzed by the CU in August after the President of the Republic demanded a preventive check, justifying it on the basis of a “lack of consultation” with the state authorities of the autonomous regions. Madeira and Azores.
The TC confirmed the constitutionality and Marcelo Rebelo de Sousa promulgated the law.
Author: Lusa
Source: CM Jornal
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