Solução ou medida paliativa: análise dos votos do Recurso Extraordinário nº 635.659/SP do Supremo Tribunal Federal (descriminalização do uso de drogas) sob um prisma marxista

Abstract

This article analyzes the discussion about the decriminalization of the use of illicit drugs in Brazilian territory that is currently taking place in Extraordinary Appeal No. 635.659/SP before the Federal Supreme Court. This study is carried out using the historical and dialectical Marxist materialist method, and bibliographical research methodology, and aims to address the issue of decriminalization from a perspective that breaks with the bourgeois parameters that permeate the public debate. To this end, the relationship that drugs as a commodity have with their consumers in a capitalist society, such as Brazil, was addressed, as well as the Marxian anti-colonialist and anti-prohibitionist criticism of the Opium Wars of the 19th century. Thus, the present research relates the Marxist vision with the foundations used in the judgment of the appeal under analysis, and concludes that the arguments and parameters adopted so far in the votes of the Supreme Court ministers are nothing more than merely palliative measures for the problem of drug use and abuse by the national working class.