O discurso proibicionista e as autorizações judiciais para o uso medicinal da Cannabis no Brasil: atualidades e perspectivas

Abstract

The present study was carried out with the aim of analyzing the history of drug prohibitionism, the harmful effects of the drug policy adopted and the possibilities of seeking alternatives to this option, including penal abolitionism, which was the theory adopted as theoretical framework. Brief but necessary critics were made on the real motivations for the ban and its practical consequences. The way in which this political-criminal choice has been reflected in the scope of court decisions, rendered in the preventive Habeas Corpus and Reexame Necessário, involving the permission for cultivation and extraction of Cannabis oil for medicinal use, was also the object of this investigation. The documental analysis was restricted to some judgments handed down by the Court of Justice of the State of Minas Gerais and by the Court of Justice of the State of São Paulo. For this purpose, the explanatory research methodology was used, carrying out a literature review and document analysis. In the end, it was observed that the analyzed judicial decisions did not represent evidence of overcoming the prohibitionist paradigm and its practical consequence, which is the war on drugs.