Despite efforts by governments in Latin America, illicit drugs continue to provide one of the largest incomes for criminal organizations, enabling them to penetrate and corrupt political and social institutions.
This report is a personal response from the author on the issue of Drug Policy and The Courts. A year ago, in the author’s professional practice, he felt duty-bound to make a decision that overturned Brazilian case-law and ran contrary to domestic legislation as regards possession of controlled substances.
In the city of São Paulo, the culture of crack use has undergone considerable changes over these 11 years since it was first described. The sociodemographic profile of the users is practically the same and most use is still compulsive, with significant physical, moral and social impairment among them. Sole use of crack has overwhelmingly been replaced by associations between crack and other drugs, thus characterizing users in the city of São Paulo as multiple drug users.
Eliseu Labigalini Jr, Lucio Ribeiro Rodrigues, Dartiu Xavier Da Silveira
01 October 1999
This study ensued from clinical observations based on spontaneous accounts by crack abusers undergoing their first psychiatric assessment, where they reported using cannabis in an attempt to ease their own withdrawal symptoms.
This study commissioned by the Brazilian Ministry of Justice underlines the disparity that exists between the depenalization of drug use and the increased penalization of selling drugs that resulted from the 2006 Law on Drugs. Although the fact that the use of drugs is no longer a crime is certainly progress, it seems disproportionate to establish maximum prison sentences of 5 years for the sale of very minor quantities of drugs. The study was a joint project of the Federal University of Rio de Janeiro, UFRJ, and the University of Brasília UnB that ran from March 2008 and July 2009, supported by the United Nations Development Program, UNDP.
Based on two studies carried out in the cities of Buenos Aires and Montevideo, this report examines the origin, characteristics and impact of the explosive increase in cocaine base paste in urban areas. It also highlights the variety of products consumed in these cities and the substance known as crack that is consumed in Brazilian cities. The Brazilian experience with this consumption could serve as an example and a lesson for the Southern Cone.
The number of people imprisoned for drug offenses in Brazil has increased over the last 20 years, but this has not affected the availability or consumption of drugs. The study also shows that those who are locked up for drug offenses are mainly small-scale dealers who represent the lowest links in drug distribution operations, and not the large-scale wholesale traffickers who dominate the country’s illicit drug trafficking trade.
The number of people imprisoned for drug offenses in Brazil has increased over the last 20 years, but this has not affected the availability or consumption of drugs, reveals a study by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA). The study also shows that those who are locked up for drug offenses are mainly small-scale dealers who represent the lowest links in drug distribution operations, and not the large-scale wholesale traffickers who dominate the country’s illicit drug trafficking trade.
Remarkable drug policy developments are taking place in Latin America. This is not only at the level of political debate, but is also reflected in actual legislative changes in a number of countries. All in all there is an undeniable regional trend of moving away from the ‘war on drugs’. This briefing explains the background to the opening of the drug policy debate in the region, summarises the most relevant aspects of the ongoing drug law reforms in some countries, and makes a series of recommendations that could help to move the debate forward in a productive manner.
Latin America is now at the vanguard of international efforts to promote drug policy reform: Bolivia has rewritten its constitution to recognize the right to use the coca leaf for traditional and legal purposes, Uruguay has become the first nation in the world to adopt a legal, regulated Cannabis market, and Colombia, Mexico, Guatemala, and Ecuador are openly critiquing the prevailing international drug control paradigm at the UN. And now with the United States itself relaxing its marijuana laws state by state, the U.S. prohibitionist drug war strategies are losing credibility in the region.
The Research Consortium on Drugs and the Law (CEDD)
09 July 2014
The Research Consortium on Drugs and the Law (Colectivo de Estudios Drogas y Derecho, CEDD) has published a new study that assesses state responses to illicitly-used drugs in eight countries in Latin America: Argentina, Brazil, Bolivia, Colombia, Ecuador, Mexico, Peru and Uruguay. The study found that Latin American governments’ approach to drug use continues to be predominantly through the criminal justice system, not health institutions. Even in countries where consumption is not a crime, persistent criminalization of drug users is common.
This briefing paper analyses the impact of drug policy on incarceration in São Paulo (Brazil). This research is expected to inform and assess some of the consequences of the current Brazilian drug policy, taking into account its impacts on prisoners’rights and on the criminal justice system as a whole.
The Ministry of Justice in Brazil announced the results of research that show that there are too many people behind bars in Brazil for drug trafficking. The Ministry subsequently recommended a review of drug legislation in light of the data and in support of human rights, seems to indicate that things are changing, or at least that change is in the air for drug policy in the nation. The study was a joint project of the Federal University of Rio de Janeiro, UFRJ, and the University of Brasília UnB, coordinated by Luciana Boiteux.
Brazil will soon have a special police task force targeting crack-cocaine. Meanwhile, the Brazilian state of Minas Gerais proposes its own drug fighting alternatives to address crack on the domestic front. Crack is a risk factor in urban violence, contributing to homicides and robberies in Brazilian cities. However, it is not the chemistry involved in crack, but the crack market that is increasing the crime and violence. How can rising crack use effectively be addressed, other than through mere suppression?
Participants of the Seminar "Drugs Policies: Progresses and Retrocessions", held in Rio de Janeiro by Viva Rio and the Federal University of Rio de Janeiro, recommend drug policy based on respect for human rights, developed from a public health perspective, that favors scientific research and includes strategies to prevent drug addiction. Luciana Boiteux underlined the disparity that exists between the depenalization of drug use and the increased penalization of selling drugs that resulted from the 2006 Law on Drugs.
Last month the film Tropa de Elite 2 (Elite Squad 2) was released in Brazil. It is a sequel to the very successful 2007 film Elite Squad, a semi-fictional account of the BOPE – special heavily armed police units that invade the slums in Rio de Janeiro going after the drug trafficking gangs. In the new sequel the BOPE have a new enemy: paramilitary groups known as 'milícias' in stead of the usual suspects, the drug gangs of Rio.
It was a moment that residents of Rio de Janeiro thought would never come. For decades many of the city’s favelas have been ruled by drug traffickers or militias. Sporadic flare-ups would see the police go in to these self-built settlements seeking revenge, only to pull back leaving bodies scattered and the gangs to return to business. But last month when the city’s two main drug gangs began hijacking and torching vehicles at gunpoint, this time the authorities’ response was different.
In Brazil, possession of drugs for personal consumption is punished with educational measures and community service, not prison. In this video, a young man tells of the disparity in sentencing between the wealthy and the poor.
Reports of human rights abuses committed during the police and military occupation of several favelas in this Brazilian city are jeopardising local residents’ newfound support for the security forces and posing challenges within the police. "I have never felt so humiliated," a local woman who takes in people’s laundry for a living told IPS. Asking to be identified merely as "D", she talked about what happened during the massive joint police and armed forces incursion in the Complexo do Alemão, a series of favelas or shantytowns on the north side of Rio de Janeiro.
Brazilian demonstrators held marches on the weekend calling for marijuana to be legalized after the country's top court ruled the gatherings could go ahead in the name of freedom of speech. The demonstrations were held in 40 towns and cities late Saturday, according to Brazilian media.