DESCRIMINALIZAÇÃO E REGULAÇÃO DA CANNABIS NO BRASIL PARA FINS MEDICINAIS E RECREATIVO: ANÁLISE DO ORDENAMENTO JURÍDICO PÁTRIO E DA TUTELA INTERNACIONAL

Abstract

This study analyzes the complex issue of the decriminalization and regulation of Cannabis in Brazil, focusing on its implications for the right to health and human dignity, which are fundamental constitutional principles. The research examines the historical and scientific evolution of Cannabis use, from its ancestral applications to the recognition of its modern therapeutic potential, as well as the legal treatment of Cannabis in Brazil and other countries. The findings reveal that, despite some regulatory advances, Brazil still faces significant legal, bureaucratic, and institutional barriers that hinder equitable access to medicinal cannabis. This situation has led to legal uncertainty and excessive judicialization, violating constitutional principles such as human dignity and the fundamental right to health. The study concludes that there is an urgent need for comprehensive legislation that allows national production, free distribution through the public health system (SUS), and the decriminalization of personal use, aligning Brazilian public policy with successful international models and constitutional obligations.