Descriminalização do uso da maconha: uma análise teórica e um vislumbre prático de Fortaleza dos possíveis impactos da decisão do Supremo Tribunal Federal

Abstract

The present work examines the possible consequences that the decriminalization of marijuana possession for personal use, currently under discussion in the Supreme Federal Court, would have on the operations of the Special Criminal Courts in Fortaleza. To achieve this, it first presents the historical evolution of drug policies in Brazil, from the colonial period to the present day, contextualizing the debate on the possession of drugs for personal consumption. Next, it analyzes the Drug Law (Law No. 11.343/2006) and its provisions related to the possession of narcotics for personal use, highlighting the legal aspects of the criminal approach. Furthermore, it investigates the social and economic impacts of criminalizing the possession of such substances for individual use, including mass incarceration, the profile of prisoners, and associated costs. Finally, using a statistical analysis of cases from the year 2021, the paper aims to provide a brief overview of the operations of the Special Criminal Courts in Fortaleza concerning the crime in question and speculate on the changes that decriminalization, as outlined by the Supreme Federal Court's decision, would bring. The methodology of this research is both qualitative and quantitative, encompassing a bibliographical review of the subject as well as a statistical study of cases under Article 28 of Law No. 11.343/2006 in the Special Criminal Courts. The analysis of criminal cases in the Special Criminal Courts (JECRIMs) in Fortaleza revealed that a significant portion of marijuana possession cases for personal use would be affected by the Supreme Federal Court's decision, as most cases involve amounts of marijuana under 40 grams. The main conclusion is that the decision to decriminalize marijuana possession up to the aforementioned amount tends to reduce the burden on the judicial system while creating space for public policy that focuses more on the user's health without compromising public safety.