Brazil is debating reform of current drug legislation. Changes to the Criminal Code are being discussed in Senate and the debate includes new articles on drugs. Several legal bills to reform the existing drug law are waiting to be reviewed.
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.
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.
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.
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?
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.
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.
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.