Overview
- Nunes Marques voted to preserve bans on apologia or incitement and to bar participation by minors, while protecting demonstrations that exclusively advocate decriminalization.
- The partial-constitutionality vote diverged from relator Gilmar Mendes, who deems Sorocaba’s Law 12.719/2023 unconstitutional for violating freedoms of expression and assembly.
- The running tally stands at 5–2 to invalidate the law, with Dias Toffoli, André Mendonça and Luiz Fux yet to cast their votes.
- Cristiano Zanin opened the main divergence defending the law’s compatibility under an interpretation separating political advocacy from illicit apologia, and Flávio Dino supported the majority with a caveat on minors.
- The case reaches the STF via PGR’s ADPF 1103, which argues the municipal prohibition blocks public debate on drug-law reform; the law was approved in February 2023 under Mayor Rodrigo Manga.