Descriminalização do uso de drogas no Brasil: impactos, mudanças legais e análise dos votos no Recurso Extraordinário nº 635659

Abstract

This monograph addresses the analysis of some social and legal impacts resulting from a potential decriminalization of drug use and consumption, with a special focus on marijuana, as well as its legalization, based on the experience of other countries that have followed such a system. Additionally, it provides a review of the votes cast by the Justices of the Supreme Federal Court in the Extraordinary Appeal 635.659/SP, a lawsuit that questions the constitutionality of Article 28 of Law No. 11.343/2006, better known as the Drug Law. The legislative innovations proposed by the justices are studied, along with their relation to the historical context of the drug war in Brazil, a policy based on repression and criminalization by race and social class. The argumentation was constructed through the analysis of the votes of the Justices of the Supreme Federal Court in the mentioned process, from a comparative perspective of the proposals presented, as well as the wording of the Drug Law and statistical data about the prison population in the country, aiming to outline a possible more coherent and close path of what should be followed to alleviate the current prison situation in the country.