The “Marijuana March” Cases
Brazil Federal Supreme Court
Direct Action of Unconstitutionality 4274 and Fundamental Precept Non-Compliance Claim 187 (2009)
- Written by Mary Katherine Cunningham, JD
Facts
The Brazil Penal Code criminalizes the use of recreational drugs including marijuana. Paragraph 2, Article 33 of Statute 11.343/2006 of the Brazil Penal Code allowed for prosecution of anyone who induced, instigated, or aided someone else to use recreational drugs including marijuana. As a result of these laws, Brazil saw multiple protests arguing for the decriminalizing of controlled substances. The Brazilian government sought to criminally prosecute protestors in these “Marjiuana Marches” under Paragraph 2, Article 33 of Statute 11.343/2006. However, the Prosecutor General for the Republic (plaintiff) brought two cases to the Brazil Federal Supreme Court seeking clarity on whether such prosecutions were constitutional. The cases asked the Federal Supreme Court to clarify the constitutionality of the Penal Code statutes penalizing anyone who induced, instigated, or aided someone else to use recreational drugs including marijuana.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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