Possession of drugs for personal use and fundamental rights: a legal analysis of the limits and perspectives of RE 635.659 of the Supreme Federal Court and its impact on the drug law

Abstract

This article addresses the relationship between possession of drugs for personal consumption and fundamental rights, analyzing the legal implications of Extraordinary Appeal 635659, judged by the Federal Supreme Court (STF). In this way, we objectively investigate how the STF's decision influences the interpretation and application of the Toxics Law (Law nº 11,343/2006), especially with regard to the protection of the individual's fundamental rights. The relevance of this topic is the need to understand how judicial decisions can shape legislation and the protection of individual rights, especially in a context as controversial as drug possession. To this end, the deductive method and legal research methodology were used, with an approach based on the exploratory research technique through the study of legal literature, legislation and law, as well as the qualitative analysis procedure. It is concluded, therefore, that the STF's decision in RE 635.659 opens space for a reassessment of the limits of the criminalization of drug possession for personal consumption, highlighting the need for a possible revision of the legislation to better balance the protection of fundamental rights and public interests.