Civil society organizations publish public note against PEC 45/2023

Entities highlight the unconstitutionality and potential negative impact of the project that proposes criminalization of narcotics, regardless of quantity

Civil society organizations issue a public note opposing PEC (Constitutional Amendment Proposal) 45/2023, which proposes changes to article 5 of the Constitution, to criminalize the handling and possession of narcotics and similar drugs, regardless of quantity.

In the text, the entities emphasize that the proposed change is unconstitutional, since article 5 is a permanent clause, which prohibits any changes whatsoever, “most importantly, those that aim to restrict or hinder rights”, states the text.

Signed by more than 70 organizations, including Conectas, the note reinforces that punitive policies, such as the proposed PEC, has no other benefits than to increase violence and overload the judicial and prison systems.

“It is understood that the eventual approval of Proposed Amendments to the Constitution under analysis would reinforce structural racism within the scope of the Brazilian penitentiary system, as well as in public health […] however, we highlight the unconstitutionality as it directly violates fundamental principles and precepts that are enshrined in the Constitution”, ends the document.

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