Reflections on the decision of extraordinary appeal nº 635.659: decriminalization of possession of small amounts of cannabis for personal use

Abstract

The decision of the Brazilian Supreme Court (STF) in Extraordinary Appeal Nº. 635.659 marked a significant change in drug policy by declaring the unconstitutionality of art. 28 of the Drug Law, which criminalized the possession of small amounts of cannabis for personal use. The STF replaced criminal penalties with administrative and educational sanctions and established criteria to distinguish users from traffickers. Using a methodological approach that includes the judicial decision, a literature review, and a critical reflection on the effectiveness of the new guidelines, the article concludes that, despite the progress in the protection of individual rights and public health, this discussion should be led by the Legislative Branch to ensure more adequate and sustainable legislation. The decision, although important, may face challenges in practical implementation. The legislative approach is considered essential for a more robust and effective reform of drug policies.