Descriminalização da maconha e racismo estrutural: um estudo da decisão do STF e seus reflexos no sistema penal brasileiro

Abstract

This paper analyzes Brazil's drug policy, focusing on the criminalization of marijuana possession for personal use and its social, legal, and racial implications. The study starts from the observation that Law No. 11.343/2006 does not establish objective criteria to distinguish users from traffickers, which increases police and judicial discretion and reinforces selective practices that disproportionately affect young Black individuals and residents of urban periph eries. The main objective is to examine the effects of the Brazilian Supreme Court's decision in Extraordinary Appeal No. 635.659, which declared the unconstitutionality of criminalizing the possession of cannabis sativa for personal use, assessing its impact on reducing incarceration and mitigating structural racism. The methodology is qualitative, based on bibliographic and documentary research, including doctrinal works, statistical data, and case law. The results in dicate that the Supreme Court's decision represents a significant legal milestone by shifting the approach from criminal law to public health, although challenges remain regarding regulation and overcoming punitive culture. It is concluded that the decriminalization of possession for personal use, combined with harm reduction policies and public health strategies, is essential for ensuring fundamental rights and building a fairer and more equitable criminal justice sys tem