A burocracia excessiva do ordenamento jurídico brasileiro como fator que induz o plantio e a aquisição ilícita da cannabis para fins medicinais

Abstract

This monograph analyzes how the excessive bureaucracy of the Brazilian legal system is an aspect that induces the illicit planting and acquisition of the cannabis s.p. plant for medicinal use. In addition, it analyzes how prohibitionism exists largely only for the repressive and discriminatory nature, curbing the use of cannabis due to factorssuch as prejudice and political and financial interests. The first chapter explains aboutthe differentiation and characteristics of cannabis and other herbal medicines, as wellas how the chemical compounds of this plant act in the human body when used in the isolated modality and also with a wide spectrum of treatment (full spectrum). In addition, it briefly exposes the history of the marginalization and prohibition of cannabis in Brazil and the influence of prohibitionism on the economy of crime. The second chapter deals with the right to seek full health as a Fundamental Right and Human Right of the ill, as a way of achieving human dignity, and what is the role of the Brazilianunified health system (SUS) in the distribution of medicines, including those based on derivatives of cannabis. The third chapter addresses the role of habeas corpus in thecontext of planting and acquiring cannabis, and how the Brazilian legal system inducesthose who need cannabis to protect their personal health or dependent third parties tobe unlawful. Finally, the need to continue the regulation related to the planting, accessand distribution of cannabis and its derivatives, including artisanal form, is exposed.