Majority of STF votes to invalidate law prohibiting Marijuana March

The STF has formed a majority to recognize the unconstitutionality of municipal law 12,719/23 from Sorocaba/SP, which prohibits marches, events, and meetings that advocate the use of illegal substances, such as the Marijuana March. So far, five ministers have followed the rapporteur, Minister Gilmar Mendes’ understanding, who considered the norm to violate freedom of expression and assembly, while Ministers Cristiano Zanin, André Mendonça, and Nunes Marques voted to uphold the law. The vote of Minister Luiz Fux is still pending. The virtual trial will last until the 25th, Tuesday. The current score is visible. This case has gained prominence in the news following the suspension of Mayor Rodrigo Manga (Republicanos), who signed the law and is known for his social media style that earned him the nickname ‘tiktoker mayor.’ On the 6th, he was suspended from office by a court decision, accused of leading a corruption scheme investigated by the Federal Police. The contested law was approved in February 2023, while Manga was still in office. At the time, he publicly opposed the Marijuana March in Sorocaba/SP and maintained a critical stance on the event in various social media appearances. (See below) The action was proposed by the PGR, arguing that the municipal law violates fundamental rights to freedom of expression and assembly. According to the PGR, the municipal provision practically hinders any public debate on drug decriminalization, in disagreement with the Constitution. The mayor defended the validity of the law, claiming that it aims to protect public health, especially children and adolescents, against advocacy of drug use.