O direito fundamental ao envelhecimento como elemento justificante das políticas públicas de fornecimento gratuito da cannabis medicinal: uma prospecção das iniciativas legislativas paraibanas

Abstract

With the increase in life expectancy, several regulatory frameworks have been formulated in all spheres that make up the Brazilian Republic with the purpose of ensuring the rights of the elderly and building a legal framework for the protection of aging. Among them, the Estatuto da Pessoa Idosa (Lei n. 10.741/2003) positions the Right to Aging as a category of personal and fundamental right. The problem of the research was situated in investigating the possibility that the Right to Aging, considering its bidimensional nature, could be realized through the development of a specific Public Policy, aimed at incorporating medications into the public health system. By configuring a welfare right, the State can formulate Public Policies under its foundation, with the relevant role of the State Legislative House of Representatives in the construction of governmental actions. In this context, Public Policies for the provision of medications stand out, with a focus on the subnational legislative movement that seeks to regulate the provision of medicinal Cannabis, previously prohibited by Brazilian legislation. Prohibitionism and the prejudice attributed to the marijuana plant have long hindered the advancement of scientific research into its therapeutic and medicinal properties. Nevertheless, social pressures, mainly from patients and their families, and the persistence of scientists in investigating the plant have created an opening for the medicinal use of Cannabis. With the proliferation of lawsuits seeking access to the medication and considering the absence of federal law, subnational units have drafted outlines for pioneering regulation on the subject. The exploration of legislative initiatives, especially those produced in the state of Paraíba, becomes essential to identify whether this Public Policy for medication provision uses - and realizes - the Right to Aging as its foundation. As a hypothesis, there was an expectation that these normative instruments would be recognized as innovative, relevant, and effective in protecting the Right to Aging. It would be unfeasible to provide an answer to the proposed concerns without examining the effective correspondence between Public Policies for the provision of medicinal Cannabis and the realization of a fundamental right that simultaneously justifies its existence and is protected by it. To do so, integrative review was defined as the scientific methodology, supported by bibliographic and documentary research, qualitative approach, and interpretative method. The research is justified both due to the progressive aging of the population and due to the need to provide grounds capable of ensuring the continuity of legislation in the legal system when challenged or confronted. In the end, it was identified that the legislative proposals of João Pessoa and Campina Grande can be recognized as innovative and relevant instruments, despite the controversial points that may hinder the effectiveness of the implicit foundation of these Public Policies - the Right to Aging.