Each person has their own story. Each subject is largely the result of their past. We all have our own experiences, some made us happy and others disappointed. The latter could have a fatal impact on our lives: the force of their impact could mark us forever. Of course, not all people react in the same way, not all have the same sensitivity. What we have experienced can be so dramatic that it can lead us into a world of escape, through alcohol or drugs, to the point of becoming addicted. The state constitutionally assumes, among other things, that: 1) “Addictions are a public health problem”; 2) must offer treatment and rehabilitation to occasional, permanent and problematic users; 3) under no circumstances will it be allowed to criminalize addicts or violate their constitutional rights (Article 364).

From bridges and planks

Unfortunately for the world, drug consumption is big business, and the users of that business want more and more drug addicts. The great victim of drugs is the addict, and consequently his family. Now, just as not all people react in the same way to problems, addicts can consume different amounts of drugs. Some will have a high consumption capacity, others will have a medium capacity, and still others will have a low capacity. There will be those who buy drugs for a whole week, for fifteen days, for three days, etc. The state has seen fit to define the existence of a table that allows judges to have a reference on the limit of what can be carried for consumption. Consume during the day? Consume day and night? Consume two days? Not familiar. Therefore, this table is a reference, but not decisive in determining the criminal offense. Human traffickers, users of addiction, found in the confines of the table the perfect excuse to expand micro-trade to levels that embarrassed the life of society. The table contributed to the unfortunate violence in which we live, but I think the biggest problem was the ease with which the competent authorities turned that table into a decisive element to classify someone as a consumer or a criminal. According to the Constitutional Court, in decision 7-17-CN/19, “…the fact of exceeding the established maximum amounts is not constitutive of the criminal type of possession and possession, it does not establish indications or presumptions of criminal responsibility.” If the arrested person exceeds the maximum permitted amount in his possession for personal consumption, it is up to the judicial officers to determine that the person who possesses narcotic, psychotropic substances or preparations containing them has the intention of trading instead of consuming them, within the right to a fair procedure.”

Achievements

Apart from the problem of crime, the state does not provide prevention or rehabilitation of drug addicts. Since this is so, it is up to civil society to start the fight for prevention and rehabilitation. (OR)