The Federal Supreme Court (STF) formed a majority on Tuesday (25) to declare unconstitutional the municipal law prohibiting the realization of marijuana in Sorocaba (SP). The vote of the ministers is already on the court’s electronic system.
The norm was proposed and sanctioned in 2023 by Mayor Rodrigo Manga (Republicans), known as due to success in social networks.
Until the suspension of the trial, by a request for view of Minister Nunes Marques, five ministers had already voted against the law: Gilmar Mendes (rapporteur), Alexandre de Moraes, Carmen Lúcia, Edson Fachin and Flávio Dino – the latter with caveats about the participation of children in such events.
Cristiano Zanin was the only minister to vote for maintaining the ban.
Freedom of expression
In his vote, the rapporteur of the action, Minister Gilmar Mendes, said that the municipal law violates constitutional guarantees, such as freedom of expression and meeting. The minister followed the opinion of the Attorney General’s Office (PGR), which stressed that the measure is contrary to the Court’s jurisprudence on the subject.
Zanin, on the other hand, defended the legality of the ban, stating that the event can configure apology to the use of narcotics. “This is a legitimate limit to the exercise of freedom of expression,” wrote the minister.
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The final decision will be postponed due to Minister Nunes Marques’s request for view. The vote was expected to be completed on Tuesday.
The standard questioned in the STF by the mayor of São Paulo was sanctioned in February 2023 and prohibits “events that apologize to possession for consumption and personal use” of illicit substances in Sorocaba.
Investigated by PF
Rodrigo Manga became a defendant in an action he clears.
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In April, the Federal Police found $ 1.5 million in kind, weapons and two luxury vehicles at addresses linked to Bishop Josivaldo Batista and pastor Simone Souza, sister -in -law of the mayor.
Mango recognizes kinship with other investigated, but denies involvement in the scheme.
