As with many similar initiatives in the United States it is law enforcement disguised as a therapy banner.
By Felipe Neis Araujo, Filter
Brazil’s Supreme Court decriminalized the possession of marijuana up to 40 grams in 2024. This ruling was upheld unanimously by Brazilians on February 20, 2025. Now the Ministry of Justice is scrambling with the National Council of Justice to create a new drug policy that’s “health based”.
The new decriminalization model, allegedly inspired by Portugal, would not punish someone for personal cannabis possession by sending him to jail, but rather by sending him to Centers for Access to Rights and Social Inclusion, where he could be sent to one of Brazil’s infamous therapeutic communities for treatment.
What happens when they decide not to go? What happens if they don’t want to go? As of yet, no answer has been given by the government. The government has not yet responded.
CAISs are hubs that provide a variety of services to low-income users. It may appear that this is a good thing for public health. This is actually a multidisciplinary team of health workers, social workers and assistants who decide the cases, not judges. In the United States there are many initiatives like this that disguise law enforcement as a form of therapy.
If the team deems the person they’re evaluating to be at sufficient risk—perhaps due to race, poverty, mental or behavioral health problems or lack of documentation—that person could easily be funneled into treatment pathways that are neither effective nor voluntary.
Many people are referred by the therapeutic communities to private treatment centers because the public system of treatment is overburdened. Many of these camps, which are usually faith-based or religious in nature, operate without oversight and with rampant abuses to human rights. Of course, the majority of owners that profit from these camps have close links to the current government.
Under President Luiz Inácio Lula da Silva’s current term, these communities are not only surviving—they’re thriving. Lula’s administration, despite the progressive image it continues to promote, has continued funding for non-voluntary community commitments and strengthened its relationship with leaders of therapeutic communities.
Former Minister of Health Nísia Trindade had advocated for more evidence-based and humane drug policy, but she was dismissed in February. Trinande’s December 2022 report recommended that all therapeutic communities, as well as involuntary engagement policies be scrapped. This report is no longer available on the Brazilian government website. Evidence-based policy is a thing of the past.
Portugal has been cited for its success in decriminalizing. The success of Portugal’s decriminalization was due to the fact that drug use is a permanent part in society and not something we want to eliminate. This didn’t focus solely on the treatment. It was also accompanied by changes to public education around drugs—like retiring abstinence-only messaging in schools—and by investment in syringe service programs. Portugal has a model whereby quantities of drugs considered to be personal possession can still be confiscated. However, treatment referrals following are not required.
Brazil’s new CAIS model pays lip service to structural change. It is not ready for a structural change, with only 22 centres currently operating and more than 100 centers still under development. To fill in the gaps, the government will consider video-call assessments. What is the maximum amount of attention that each case can receive?
Felipe Neis Araujo, a Brazilian Anthropologist. He’s also a professor of criminology in Manchester where he studies drug policy and state violence. He is a London-based criminology lecturer.
This article was originally published by Filter, an online magazine covering drug use, drug policy and human rights through a harm reduction lens. Follow Filter on Bluesky, X or Facebook, and sign up for its newsletter.
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