Acesso à Cannabis medicinal frente à omissão do poder legislativo : uma análise do Habeas Corpus 783717 - PR (2022/0358888-9)

Abstract

Given the increase in the number of studies related to the use of the Cannabis sativa plant and its derivatives for medicinal purposes, and the experience of other countries, medicine has increasingly accepted treatment with Brazil's most seized psychotropic, marijuana. Thus, this research aims to demonstrate the medicinal use of the plant, as a guarantee of the right to health and to analyze the means of access to medicinal cannabis and its by-products currently in Brazil, as well as to investigate how the Public Power has dealt with the issue, going through the examination of Bills of the Chamber of Deputies that show the omission of the Legislative Power with patients who see in cannabinoids an alternative treatment that guarantees a better quality of life. In addition, social and institutional agents linked to the issue were analyzed, such as patients and their associations and ANVISA. Finally, an analysis of a Habeas Corpus was carried out, which was fundamental to the advancement of the debate in the judiciary and to the consolidation of the understanding in the sense of granting safe conduct for domestic cultivation, demonstrating the breaking of conservative paradigms around the plant and the institutional view adverse to the criminalization of medicinal use.