DECRIMINALIZATION OF MARIJUANA POSSESSION FOR PERSONAL USE IN BRAZIL: A STUDY OF THE STF DECISION

Abstract

This article analyzes the decision of the Federal Supreme Court (STF) of Brazil regarding the decriminalization of marijuana possession for personal use.  In a vote that achieved a majority, the Supreme Court decided to classify the possession of marijuana as an administrative offense, removing criminal penalties.  Arguments will be presented where the distinction between users and traffickers is debated by society, in order to reach such a decision, along with the legal, social, and judicial implications.  The decriminalization of drug possession for personal use has been a highly controversial topic in Brazilian society for years, with some in favor and others against it. However, the Supreme Federal Court (STF) has decided to take a significant step in the discussion of marijuana possession for personal use. This issue has major implications for drug policy and the criminal justice system in the country.  However, since 2006, drug possession in Brazil has been regulated by the Drug Law (Law 11.343/2006), which provides non-penal sanctions for users, but does not specify a certain quantity that a user could possess for personal use; instead, they face warnings and educational measures.  However, the implementation of these sanctions has been inconsistent, resulting in a struggle against trafficking and consumption.