USER OR DRUG DEALER? THE INFLUENCE OF QUANTITY AND LEGAL LIMITS IN THE NEW PERSPECTIVE OF THE STF

Abstract

Law No. 11,343/2006, known as the Drug Law, aims to regulate the treatment of users and combat drug trafficking. However, its lack of objective criteria to distinguish users from drug dealers has resulted in subjective interpretations and criminal selectivity, mainly affecting young black, poor and peripheral people. The socioeconomic context of the accused plays a crucial role in the application of the law, generating inequalities in the criminal justice system. The recent action of the Supreme Federal Court (STF) in the judgment of Extraordinary Appeal 635,659 proposed objective criteria to differentiate personal use from trafficking, suggesting up to 40 grams of marijuana or six plants as the indicative limit. This proposal aims to reduce the discretionary power of police forces and judges, in addition to aligning national policy with successful international experiences, such as Portugal. The study highlights how criminal selectivity is rooted in structural factors such as racism and social inequality, and how police testimony has been the main (and often only) element in convictions. It therefore proposes the adoption of technical criteria and institutional reforms that include harm reduction policies, restorative justice and alternatives to incarceration. The study concludes that the decriminalization of possession for personal use, accompanied by inclusive public policies, is essential for a more just, effective and humanitarian approach to Brazilian drug policy.