THE DECRIMINALIZATION OF MARIJUANA IN BRAZIL: LEGAL ADVANCES AND SOCIAL IMPLICATIONS

Abstract

The present article discusses the legal advances and social implications of the decriminalization of marijuana in Brazil, analyzing the historical, legal, and institutional foundations that sustain the current prohibitionist model. The research was conducted through bibliographic review and documentary analysis, considering national legislation, decisions of the Federal Supreme Court, and international experiences such as those of Portugal, Uruguay, and Canada. The results indicate that Law No. 11,343/2006, by failing to clearly distinguish between possession for personal use and drug trafficking, contributes to penal selectivity and the mass incarceration of vulnerable populations, especially young Black and low-income individuals. The 2024 decision of the Federal Supreme Court in Extraordinary Appeal No. 635,659/SP represents a legal milestone that recognizes possession of small amounts as a non-criminal conduct, removing penal sanctions and aligning Brazil with more humanistic and evidence-based policies. It is concluded that revising the punitive paradigm and adopting public policies guided by health, education, and harm reduction are essential steps toward building a fairer, more rational criminal policy aligned with human rights.