O Juiz que Desqualificou a Lei de Drogas!


hempadao 30 janeiro, 2014

Uma pequena-grande ação de um juiz de Brasília em outubro de 2013 foi descoberta pela grande imprensa esta semana. O juiz Frederico Ernesto Cardoso Maciel fez uso do arcabouço proibicionista brasileiro para desmontar o próprio proibicionismo e absolver um acusado de tráfico de drogas que tentou entrar como 46g de maconha no presídio da Papuda, em Brasília.

Maciel partiu do princípio de que a Lei de Drogas, de 2006, não listou quais entorpecentes são ilícitos e deixou para o Ministério da Saúde (MS) a competência para fazer essa relação. O magistrado considerou incompleta a portaria ministerial de 1998 que indica quais substâncias são consideradas entorpecentes, entre elas o tetraidrocarbinol (THC) encontrado na folha da maconha. Para ele, o ministério deveria justificar porque incluiu o princípio ativo da erva em seu rol. Segundo Maciel, o órgão precisaria justificar a escolha da substâncias da lista F da portaria, que inclui o THC.

"A Portaria 344/98, indubitavelmente um ato administrativo que restringe direitos, carece de qualquer motivação por parte do Estado e não justifica os motivos pelos quais incluem a restrição de uso e comércio de várias substâncias, em especial algumas contidas na lista F, como o THC, o que, de plano, demonstra a ilegalidade do ato administrativo", afirmou o juiz, na sentença.

Além de quebrar a legislação proibicionista, o magistrado questionou a incoerência da lei que proíbe uma droga com a justificativa de "proteger a sociedade" e permite outras piores. "Soa incoerente o fato de outras substâncias entorpecentes, como o álcool e o tabaco, serem não só permitidas e vendidas, gerando milhões de lucro para os empresários dos ramos, mas consumidas e adoradas pela população, o que demonstra também que a proibição de outras substâncias entorpecentes recreativas, como o THC, são fruto de uma cultura atrasada e de política equivocada e violam o princípio da igualdade, restringindo o direito de uma grande parte da população de utilizar outras substâncias", continua.

Mas infelizmente o juiz Frederico é uma exceção no judiciário. Na nossa terrinha a regra geral ainda é da lei do chumbo, onde quem porta algumas gramas de maconha tem tudo para receber um pena maior que um assassino.

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