Tuesday, June 03, 2008

Brazil Appeals Court Rules Drug Possession Not a Crime

At the end of March, a Brazilian appeals court in São Paulo declared that possession of drugs for personal use is not a criminal offense. Several lower courts had previously ruled in the same way, but the ruling from the São Paulo Justice Court's 6th Criminal Chamber marked the first time an appeals court there had found Brazil's drug law unconstitutional as it pertains to simple drug possession.

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In his opinion in the case, Judge José Henrique Rodrigues Torres said the law criminalizing drug possession for personal use was invalid because it violated the constitutional principles of harm (there is no harm to third parties), privacy (it is a personal choice), and equality (possessing alcohol is not a crime). "One cannot admit any state intervention, mainly repressive and of penal character, in the realm of personal choice, especially when it comes to legislating morality," he said.

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