Belo Horizonte imposes a fine of R$1,500 for anyone caught using drugs in public

The measure is provided for in a law published this Wednesday (12) in the Official Gazette of the Municipality, promulgated on Tuesday (11) by the president of the City Council, councilor Juliano Lopes (Podemos), after councilors rejected the total veto of Mayor Álvaro Damião (União Brasil).

Law No. 12,102, authored by councilor Sergeant Jalyson (PL), classifies as an illicit drug "any substance or product capable of causing dependence" that is specified in the federal legislation that established, in 2006, Sisnad (National System of Public Policies on Drugs), according to law No. 11,343.

To define where the fine may be applied, the text presents an extensive list of public environments, such as streets, avenues, squares, sidewalks, cycle paths, viaducts, walkways and vegetation areas, among others.

In addition, entrance halls of unfenced buildings, courtyards and parking lots connected to public roads, as well as the internal and external areas of sports venues, were also listed, as well as public offices and adjacencies.

In practice, municipal law can create an additional punishment for a matter already regulated by Sisnad, which prioritizes the prevention of drug use and the reintegration of the user. The 2006 law establishes that anyone who acquires, stores or transports drugs for personal consumption will be subject to a warning and may be required to provide community services or attend educational programs.

In the original text of the municipal law project, submitted to the Chamber in March 2025, Sergeant Jalyson states that the initiative does not interfere with the Union's competence to legislate the subject in the criminal sphere, "since it does not institute criminal sanctions, but rather administrative ones."

"The constant increase in the use of illicit substances leads to a complete variety of social disorder, strengthens the crime of drug trafficking, encourages crimes against property, puts social coexistence at risk and compromises the safety of the entire society", explains the councilor in the text.

The allegation of unconstitutionality was highlighted as one of the reasons for Mayor Álvaro Damião's full veto in June this year. At the time, the leader cited opinions from the PGM (Municipal Attorney General's Office) and the Public Defender's Office of the State of Minas Gerais to say that the project goes beyond local interest and could constitute a parallel criminal sanction.

In his justification, the mayor also mentioned a note from the municipality's Department of Social Assistance and Human Rights, which classified the fine as disproportionate and highlighted its "high potential for social and racial selectivity", which could lead to "discriminatory approaches against young black, low-income and peripheral people".

The original project also provided that the fine would be doubled in the case of a repeat offense within 12 months or if the offense occurs on or near prisons, schools, health centers and cultural facilities. The section was removed from the enacted law.

The special commission set up to analyze the veto recommended rejection of the Executive's decision. The overthrow was consolidated on August 3 at the City Council, with 27 votes against the total veto and 11 in favor.

"Public security now has another very important tool to return public spaces to the good citizens of Belo Horizonte", said councilor Sergeant Jalyson in a video published on his social networks.

The text provides that the fine of R$ 1,500 will be corrected by the variation in the inflation index measured by the IPCA-E (Extended-Special Consumer Price Index) and highlights that it can be suspended if the offender proves voluntary attendance at treatment for chemical dependency.

It also states that the material seized in the act must be sent for analysis by an official expert and states that the municipality may sign an agreement with state and federal bodies to apply the measure, leaving open the competence of the Municipal Guard, the Military Police and the Federal Police to act in the cases.

According to the law, the amount collected from fines can be applied to municipal drug prevention and combat programs or passed on to drug addiction recovery entities.

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