Analysis of possession of drugs for personal consumption

A legal and constitutional approach to the recent STF decision - RE 635.659/SP

Abstract

This research aims to analyze the legal treatment of drug possession for personal use in Brazil, focusing on the consumption of cannabis sativa and the effectiveness of the country's current Drug Policy. The study examines Article 28 of Law 11.343/06, which addresses the use and possession of drugs for personal purposes, highlighting the distinction between users and traffickers, as well as the applicable sanctions. In particular, the recent decision of the Federal Supreme Court (STF) in the Extraordinary Appeal 635.659/SP is emphasized, which questions the constitutionality of criminalizing drug possession for personal use. Ultimately, it was concluded that the STF's decision represents an important step in reconfiguring Brazil's drug policy, as it sets a precedent for the possible decriminalization of drug possession for personal use, emphasizing the need to address substance use as a public health issue rather than solely a security concern. The research method employed was documentary and qualitative analysis, with a hypothetico-deductive approach, in order to evaluate the current legislation and relevant case law, investigating the consequences of the potential decriminalization of drug possession.