ANALYSIS OF THE SUPREME FEDERAL COURT'S RULING ON MARIJUANA POSSESSION AND THE FEDERAL SENATE'S RESPONSE: THE OCCURRENCE OF THE BACKLASH EFFECT AND ITS IMPACT ON CRIMINAL ACTIONS

Abstract

This article explores the consequences of the Supreme Federal Court’s decision in the trial of Extraordinary Appeal 635.659 regarding marijuana possession and the distinction between users and dealers, modifying Article 28, paragraph 2 of the Drug Law No. 11,343/2006, as well as the subsequent legislative response from the Federal Senate with Constitutional Amendment Proposal (PEC) 45/2023. The Supreme Court's pronouncement, which marks a significant advancement in the reshaping of drug policies in the country, has elicited varied reactions, both positive and negative, leading to legislative proposals aimed at nullifying or limiting the impacts of this decision. The phenomenon known as backlash, in which a progressive change triggers a conservative response, is analyzed in this context, particularly concerning its consequences for the judicial system. The article examines the influence of this phenomenon, the stability of laws, and the enforcement of legal norms, alongside the institutional power struggles between the judiciary and the legislature. Finally, it assesses the effect of this scenario on ongoing and future criminal cases, raising critical questions about how law intertwines with politics and society in the current Brazilian context.