Projeto de Lei n° 399/15 e os eventuais empecilhos para uma regulação constitucionalmente adequada do cultivo de cannabis sativa por pessoas jurídicas

Abstract

According to the public policy on drugs adopted in Brazil, guided mainly by the provisions of Law nº 11.343/06, it is clear that the Brazilian state approach is of a restrictive nature, reserving to the State control over the cultivation of plants with the potential to produce drugs, being able, therefore, to authorize third parties to cultivate them for medicinal and scientific purposes. However, Bill No. 399/15, through its substitutive text, aiming to regularize the issue with regard to Cannabis sativa, proposes the modification of said law to allow the commercialization, cultivation, extraction and production of medicines containing extracts of this plant, under the pretext of guaranteeing the right to health of patients who need it. The study carried out in this work focused on the analysis of the possible obstacles of the project in question in relation to the cultivation of marijuana by legal entities, adopting a hypothetical-deductive methodology in which the constitutionality, legality and controversial points of the project were examined, with the objective of identifying possible impediments to a constitutionally adequate regulation of the cultivation of Cannabis in Brazil through the possible future sanction of Bill nº 399/15. In conclusion, the presence of certain articles that are unconstitutional was identified, as well as others that may be declared in the context of constitutionality control or during the legislative process itself.