Da “Guerra às Drogas” à regulamentação da Cannabis : um estudo crítico dos reflexos estigmatizantes da política de drogas e a saúde como diretriz da segurança pública

Abstract

The objective of this study is to analyze the legal and social implications of the criminalization of cannabis and discuss the possibilities of its regulation as a strategy for the construction of a more efficient and humanized drug policy in Brazil. The debate on the decriminalization of drug possession, especially cannabis for personal use, has gained relevance, particularly after the decision of the Federal Supreme Court (STF) in the judgment of Theme 506, which questioned the constitutionality of Article 28 of Law 11.343/2006. The research explores the transition from a prohibitionist approach, which has generated negative impacts such as mass incarceration, penal selectivity, and the strengthening of the illegal market, to a regulatory model more focused on public health and human rights. The study examines the history of cannabis criminalization in Brazil and its social and legal consequences, highlighting the structural inequalities reflected in penal selectivity and the racial bias of the justice system. Data from institutions such as the Brazilian Forum on Public Security and the Institute for Applied Economic Research (IPEA) show that the criminalization of cannabis disproportionately affects black and brown people and contributes to prison overcrowding, with 30% of prisoners in Brazil convicted of drug-related crimes, most of whom are in vulnerable situations. The analysis of international cannabis regulation models, such as those in Portugal, Uruguay, the Netherlands, and Canada, serves to identify successful and unsuccessful practices and the challenges faced, proposing guidelines for the implementation of effective regulation in Brazil that prioritizes public health, harm reduction, and public safety. The research also proposes a new approach to public security policy, focusing on harm reduction, health, and education, rather than indiscriminate punishment. The adopted method is qualitative and bibliographic-documentary, using data from studies, institutional reports, and case law, with an emphasis on a comparative analysis of international regulatory models. The dissertation is structured in three sections: the first analyzes the prohibitionist model and its consequences, the second addresses the evolution of the legal and political debate on cannabis decriminalization in Brazil, and the third examines the intersections and violences of drug policies and their implications on the prison system. In the end, the research concludes that cannabis regulation in Brazil could represent a significant step forward in building a more just drug policy aligned with human rights, mitigating selective criminalization, expanding access to medicinal treatments, and reducing prison overcrowding. The study does not advocate for the indiscriminate use of drugs but seeks to highlight that repression and mass incarceration exacerbate social inequalities and do not resolve the problems associated with drug consumption.