DESCRIMINALIZAÇÃO DA MACONHA PARA USO PESSOAL: ANÁLISE SOBRE A DECISÃO DO STF NO RECURSO EXTRAORDINÁRIO (RE) 635659 E SEUS IMPACTOS NA ATUAÇÃO POLICIAL

This article aims to analyze the decision of the Supreme Federal Court regarding quantitative parameters that distinguish possession for personal use from the illicit trafficking of marijuana, according to Article 33 of Law No. 11,343/2006, highlighting the legal and social impacts, particularly in relation to police approaches and public safety. The study is based on understanding, in light of jurisprudence and current legislation, the reflections of this new interpretation, employing a descriptive methodology grounded in the analysis of judicial decisions and scientific literature. Furthermore, based on the establishment of objective criteria by the Supreme Federal Court concerning the amount of substance necessary to characterize trafficking, the article seeks to understand the legal limits of police approaches and adapt them to the new legal understanding, considering the constitutional principles of privacy, human dignity, and the implications of structural racism and penal selectivity.