O DIREITO À ISONOMIA E A DESCRIMINALIZAÇÃO DO CULTIVO DA CANNABIS PARA FINS MEDICINAIS: ANÁLISE DO PAPEL DO PODER JUDICIÁRIO A PARTIR DA ATUAÇÃO DO TRF-1

Abstract

The legalization of the use of cannabis for the treatment of refractory pathologies and diseases is already possible in Brazil, but the Brazilian population is still at a crossroads, where the widely accepted way is the regular authorization by ANVISA for importation at high costs or in this case of low sufficiency of the patient, you can get the drug supplied by the SUS, another option that is still undergoing new understandings, as many cannabis derivatives are not listed by ANVISA and/or SUS, some do not have access through importation and this makes it difficult for the state to supply. Thus, some main ideas will be worked in this work, first we will present the discussion about the possibility of cultivating cannabis, for medicinal purposes, in the Brazilian socio-legal context, in which facts about the history of prohibition will be presented, and finally it will be addressed why the State should not prohibit the patient from obtaining their vital medicine through an economically accessible means, as it will be violating the Fundamental Right to Health and Human Dignity. Next, we will map how the Federal Regional Court of the 1st Region and the Judiciary Branch have been acting in decisions dealing with the authorization for the cultivation of cannabis for medicinal purposes, as one of the ways they are getting permission to cultivate it at home, respecting all the necessary criteria and with inspection by the State and Anvisa, it is through Habeas Corpus, as a form of safe conduct. And to contextualize our debate in reality, we will analyze the performance of the Federal Regional Court of the 1st Region using as a parameter the importance of the cultivation of Cannabis sativa to promote equal access to the Right to Health, analyzing paradigmatic decisions. The research method used for this work will be exploratory research, based on jurisprudential research, case study with qualitative research and analysis of decisions, the approach will be hypothetical-deductive. The case study will seek to analyze the main situations for and against the cultivation of Cannabis, joining theory to practice commenting on some of the TRF1 decisions. The sample of decisions will be restricted to TRF-1 judgments that have as their object the request for authorization for the cultivation of Cannabis based on its medicinal use. The treatment of the sample will be given in order to create a conclusion on how the judicial body positions itself on the subject, within a more general universe of conflicting decisions on the subject, dealing from its origin, the prohibition and current understanding that passes through conflicts until regulation is necessary. The research aims to democratize the medicinal use of cannabis, through its cultivation, so that there will be regulation or reform of public policies so that patients are protected. Thus, with this regulation, patients would have equal access to healthcare, guaranteeing dignified treatment, benefiting them with quality medicines at a fair price, thus making it easier for patients who cannot get their medicine through the SUS, for not available or for indefinite delivery deadlines.