Criminalização do porte de maconha para uso pessoal: uma análise da realidade internacional sob o prisma do princípio da alteridade

Abstract

This paper aims to analyze whether the possession of drugs for personal use in Brazil, specifically Cannabis, violates the Principle of Alterity in Criminal Law, directly linked to the Right to Freedom, which states that conduct, to be criminalized, it must hurt someone else's legal rights. For this, we will make a brief study on the concept of the principle in question and on the history of Cannabis in Brazil, seeking to understand the reason for its criminalization and what are the consequences for the person responsible for the crime of possession of marijuana for personal use. Also, we will observe the current reality of Brazil in relation to drug users, seeking to understand whether the criminalization of Cannabis has really reduced its use. Continuing with the proposed research, we will study the international reality and consequences of the decriminalization of the substance in some countries, such as Portugal, Uruguay, United States and Canada. Finally, we will see if the effects of decriminalization had consequences that hurt someone else's legal situation, thus knowing whether criminalization should be maintained according to the studied principle.