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The Brazilian minister for the Supreme Court, Gilmar Mendes, on Thursday agreed to consider a legal appeal that could establish legal precedent for the decriminalization of possession of small amounts of drugs.
Mendes’ decision relates to a legal appeal, launched in 2013 by public defender Leandro de Castro Gomes, which is challenging the constitutionality of Brazilian drug laws on the grounds they violate the right to a “private life,” which is guaranteed by the Brazilian constitution.
The Supreme Court is likely to take up the issue after the court’s recess in July.
A law passed in 2006 introduced important changes in the country’s drug legislation by abolishing incarceration for drug users and at the same time establishing tougher penalties for trafficking.
However, supporters of drug reform legislation argue that those caught with small amounts of drugs for personal use are often convicted of trafficking.
According to the Brazilian Ministry of Justice, the number of people condemned for drug trafficking nearly doubled since the law came into effect.
The number of people in prison for drug trafficking has soared from 33,000 in 2005 to 138,000 in 2013, which equates to 25 percent of the total population of Brazilian inmates.
According to Conectas, a Brazilian based nongovernmental organization, Brazil has the world’s fourth largest prison population and, among the most populous countries, the third highest incarceration rate.
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