A dualidade do Supremo Tribunal Federal em descriminalizar a Cannabis Sativa : o consumo pessoal liberado e a comercialização proibida.

Abstract

This final course paper focuses on the actions of the Brazilian Supreme Federal Court in Extraordinary Appeal No. 635.659 (Topic 506) and aims to analyze the legal and social implications of the decision that decriminalized the possession of cannabis sativa for personal consumption, focusing on the establishment of an objective limit of up to 40 grams or six female plants for the characterization of personal use. In this context, the problem to be addressed is whether the Supreme Court's decision, by maintaining the prohibition on the commercialization of the drug, may indirectly stimulate drug trafficking, given that users remain dependent on the illicit market to obtain the substance. To answer this problem, a qualitative and exploratory bibliographic research method was used, based on Extraordinary Appeal No. 635.659 itself, as well as national legislation, doctrines, scientific articles, and related studies. The results indicate that the Supreme Court's decision represents a paradigmatic advance in the protection of fundamental rights and in mitigating selective prosecution and the stigmatization of drug users. However, a normative paradox is evident, since the hybrid model keeps the consumer tied to clandestine means of acquiring the substance, generating debates about the indirect strengthening of the illegal market. Finally, the analysis of the international panorama shows that the persistence of drug trafficking stems from much broader structural and economic factors than judicial duality. It is demonstrated that, even in the face of eventual legalization, the illicit market tends to remain competitive due to the tax burdens and regulatory costs of the legalized sector. It is concluded, therefore, that the Supreme Court's decision is not, in itself, responsible for the persistence of drug trafficking; resolving this regulatory paradox falls to the Legislative Branch through the adoption of measures consistent with the guidelines for prevention, law enforcement, and security established by the Drug Law.