Cannabis: da estigmatização à legalização do cultivo para fins medicinais por meio do judiciário

Abstract

The failure of the "fight against drugs" and especially the considerable increase in lawsuits requiring access to medicines and products made from cannabis sativa, has fostered discussions among health specialists, public security, sociologists, and politicians on the topic of cultivating cannabis sativa in Brazil. The present work has the general objective of demonstrating how cannabis has traveled the path from social stigmatization to legalization of plantations for therapeutic use through the judiciary, being considered a matter of human right to health. As from the realization of the research of qualitative approach of vast literature review, supported by several authors such as: Karam (2008); Batista (2003); Pamplona (2014); and Figueiredo (2019); associated with the realization of interviews virtual through a pre-designed questionnaire with the press office of the Brazilian Association of Support Cannabis Esperança, the leader Júlio Américo of the Cannabis League in Paraíba, and with representative of the research and extension project on Medicinal Cannabis at UEPB: Morgana Maria Souza Gadêlha, in order to corroborate with the study of the bibliography selected for research. This paper considered authors, legislation, and judicial decisions about medical cannabis. For this purpose, three axes of study were structured, the first examining the socio-historical aspects of drug prohibition, the second examining the discursive process of legalizing the cultivation of medical cannabis, and finally the third examining recent court decisions authorizing the cultivation of this plant in Brazil. Regarding the research problem, there is a growing number of court decisions authorizing the planting of cannabis as long as the therapeutic need is proven. Accordingly, the question is: Can one speak of legalizing the cultivation of medical cannabis through judicial activity in Brazil? The research is based on the need for cognitive expansion of study through the various branches of knowledge on this topic in Brazil. Studying about drugs in general in the country is still controversial and, for this reason, it is necessary to promote dialogue with society to enable a new cultural look in favor of democratizing access to health for those in need of medical marijuana. Therefore, there must be a change from the ignorant prohibitionism of medical cannabis and a cultivation of knowledge about the therapeutic benefits of this plant in our country.