DESCRIMINALIZAÇÃO DE DROGAS: UMA ANÁLISE ENTRE AS COMPETÊNCIAS DO LEGISLATIVO E JUDICIÁRIO

Drug use is proven to be harmful, both physically and intellectually. Currently, drugs are the main social evil, linked to all types of crime. The methodology used was the literature reference, and the STF decisions of 2023 and 2024 on the issue. In this sense, the objective of this research/article is to develop a study on the decriminalization of marijuana possession and its legal, economic, moral, and public health consequences. To do this, initially a definition of competences is made from the perspective of doctrine and jurisprudence regarding the limits of powers to legislate. It also addresses the main aspects related to drug use and its consequences; And, finally, the positive and negative points within the legal, moral, social, economic and public health sphere of this decision. It is concluded that this is a matter that should be entirely up to congress to decide, and that the STF usurps the functions of the Legislative and Executive branches by giving its opinion on topics that would be the responsibility of the technical body ANVISA. Even because they are decisions with broad repercussions, which could have major consequences for society, including in the field of public security, crime, society in general and public health.