Divergences between decisions of TJTO and STF: an analysis on the quantity of drugs for trafficking and personal use based on minister Alexandre de Moraes' vote

Abstract

The divergent decisions issued by the Court of Justice of Tocantins (TJ-TO) and the Supreme Federal Court (STF) regarding the quantity of drugs for trafficking and personal use constitute a topic of extreme relevance in the current Brazilian legal scenario. This is because the various interpretations arise from the lack of clear and objective parameters concerning quantities for trafficking and personal use, which has led to different understandings in the courts for individuals in similar situations. Aspiring for a more specific understanding of the topic, the research utilized the deductive and qualitative method, aiming to map specific cases, as well as to analyze the arguments presented by Minister Alexandre de Moraes in his vote issued at the STF regarding the quantity for trafficking and personal use and the grounds used by the TJ-TO to render its decisions. In light of the study undertaken, it is concluded that there is a tendency of the Supreme Federal Court to reclassify the conduct from drug trafficking to personal use, especially when it involves minimal quantities. This inclination is based on the arguments of Minister Alexandre de Moraes, who considers not only the small amount seized but also other elements that characterize trafficking. However, at the TJ-TO, a range of approaches is observed regarding the interpretation of the quantity of drugs, which is sometimes guided by the arguments raised by Minister Alexandre de Moraes and sometimes disregarded, indicating that, despite the importance of the guidelines established by the STF, the interpretation and application of anti-drug legislation at the state level are influenced by various factors