CANNABIS PARA FINS TERAPÊUTICOS NO BRASIL: ENTRE O PROIBICIONISMO HISTÓRICO E A LUTA PELO DIREITO À SAÚDE

Abstract

The present work pretends to explain the necessity of accessibility and regulation of the therapeutic use of Cannabis, as a guarantee of fundamental principles, like the right to health, quality of life and human dignity, and how is the Public Power’s action status and (non)existent legislation about this subject in Brazil. For this, it is drawn a discussion that is bigger than the realm of the law, but uses the sociological and anthropological ideas, about how much is a reflection of the historic prohibition of weed, which was instigated by the establishment of a complex social control, marked by scientific racism, and by racial and social segregation bound in Brazil, based on the American flawed model of the War on Drugs, which was solidified by the law 11.343/06 on the current search for therapeutic access of the plant, and the lack of legislation on the subject. Therefore, it is unprecedent a reflection whether it is justified this Public Power passivity, regarding the necessity of regulation for therapeutic use of Cannabis in the country in light of the repercussion of the anti-prohibition fight, of the pro- weed social movements and the rising number of judicial actions that tackle the access and the guarantee to health rights using such plant. This research is an investigative study and multidisciplinary, made by a broad bibliographic and document analysis, and also the analysis of legislation, using the hypothetic-deductive approach.