Tema 506 do STF: o debate sobre a criminalização do porte para o consumo de maconha

Abstract

This study explores Theme 506 of the Brazilian Supreme Federal Court (STF) (Extraordinary Appeal 635,659), which challenges the constitutionality of Article 28 of Law 11,343/2006, criminalizing the personal use of drugs. The research also examines the votes of the STF justices who defended the constitutionality of this law, considering the social and legal consequences of criminalizing drug use. The focus is on understanding the implications of this criminalization, such as the increase in incarceration and its disproportionate effects on marginalized groups, and discussing how a more public health-focused and social reintegration approach could replace punitive measures. This study follows a qualitative methodology, with an exploratory and descriptive approach. It draws on bibliographic analysis and reviews of research on decriminalization and its outcomes. The ruling on Extraordinary Appeal No. 635,659 by the STF decriminalized the possession of small amounts of marijuana for personal use, treating it as an administrative infraction with educational sanctions, rather than a criminal offense. The decision established clear criteria to distinguish between users and traffickers and emphasized the importance of treating drug use as a public health issue. As a result, it is concluded that the ruling marks a significant step in addressing the drug problem in Brazil, advancing the protection of fundamental rights, and proposing a more humane and effective approach to dealing with the use of illicit substances.

This study explores Theme 506 of the Brazilian Supreme Federal Court (STF) (Extraordinary Appeal 635,659), which challenges the constitutionality of Article 28 of Law 11,343/2006, criminalizing the personal use of drugs. The research also examines the votes of the STF justices who defended the constitutionality of this law, considering the social and legal consequences of criminalizing drug use. The focus is on understanding the implications of this criminalization, such as the increase in incarceration and its disproportionate effects on marginalized groups, and discussing how a more public health-focused and social reintegration approach could replace punitive measures. This study follows a qualitative methodology, with an exploratory and descriptive approach. It draws on bibliographic analysis and reviews of research on decriminalization and its outcomes. The ruling on Extraordinary Appeal No. 635,659 by the STF decriminalized the possession of small amounts of marijuana for personal use, treating it as an administrative infraction with educational sanctions, rather than a criminal offense. The decision established clear criteria to distinguish between users and traffickers and emphasized the importance of treating drug use as a public health issue. As a result, it is concluded that the ruling marks a significant step in addressing the drug problem in Brazil, advancing the protection of fundamental rights, and proposing a more humane and effective approach to dealing with the use of illicit substances.