Mayor of Belo Horizonte Vetoes Bill Penalizing Public Drug Use

The Mayor of Belo Horizonte, a city in Brazil's Minas Gerais state, Álvaro Damião, has fully vetoed a bill that would penalize the possession or use of illegal drugs in public spaces. Prepared by the City Council and introduced by a council member named Sargento Jalyson, the bill proposed a 1.500 Brezilya Reali administrative fine for individuals caught using or possessing drugs in public areas. The decision was published in the Official Gazette on 27 Haziran 2026, entering into force. The mayor's veto is considered a significant turning point regarding the implementation of criminal sanctions to prevent drug use in the city. According to the bill, offenders would have been able to voluntarily seek addiction treatment to have the fine suspended or completely waived.

In the veto justification, the executive branch argued that the measure in question is unconstitutional, emphasizing that legislative authority over criminal law matters belongs solely to the federal Union. Furthermore, it was stated that the bill directly contradicts the 2006 dated national law number 11.343, which regulates drug policies at the national level. The Belo Horizonte Chief Prosecutor's Office also stated in its opinion that the bill would create a sort of 'parallel criminal sanction' by proposing administrative sanctions for actions already regulated by federal legislation. This situation was assessed to violate article 22 of the Brazilian Constitution and lead to legal uncertainties. Authorities expressed the legal stance that municipalities cannot independently redefine criminalized acts or impose penalties.

During the bill's deliberation process, the Minas Gerais State Defense Department also voiced clear opposition to the proposal, objecting on similar grounds. The board argued that the council members overstepped the municipality's authority by legislating on criminally defined acts and that this situation could create unequal treatment according to national drug policies. On the other hand, it was also raised that the penal sanctions in the proposal carried the risk of placing disproportionate pressure on poor and marginalized segments of society. Defense Department officials emphasized that drug addiction must be addressed as a public health issue and cannot be resolved solely through policing measures. The joint objections of all these institutions played a decisive role in leading the mayor to veto the decision.

The city's Health Department also reacted harshly to the bill, stating that the proposed regulation adopted a 'predominantly punitive' approach. Ministry officials argued that such penal sanctions contradict the fundamental principles of mental health policies and could lead to further stigmatization of drug users. Additionally, the Ministry of Social Assistance and Human Rights pointed out that the implementation carried the risk of creating social and racial discrimination during street inspections. According to these institutions, it may be inevitable for police or inspectors to act with bias when deciding whom to penalize in public areas. These criticisms highlighted the strong public pressure asserting that the fight against addiction should be maintained through treatment and social support mechanisms rather than punishment.

Having failed to become law following the mayor's complete veto, the bill has now been returned to the Belo Horizonte City Council for reconsideration. Council members have the right to either uphold the mayor's veto in a future vote or override it with a sufficient majority. If the council secures the required approval to overturn the veto decision, the bill will take its final form and be implemented. However, if the council president supports the veto, the proposal will be completely shelved. In Brazil, debates on how to manage drug use in urban areas and whether addiction should be treated as a crime or a health issue have become even more inflamed following this decision.