A Descriminalização da maconha no RE 635.659/SP: análise da decisão do Supremo Tribunal Federal e de sua legitimidade à luz do regime legal e da hermenêutica constitucional

Abstract

The legitimacy of the Supremo Tribunal Federal (STF) is often questioned when the court makes creative decisions, generating dissatisfaction in political

debates. This paper aims to analyze the legitimacy of the STF in light of hermeneutical theories and the national legal framework, focusing on Recurso Extraordinário 635.659/SP, which led to the decriminalization of marijuana for personal use in Brazil. To achieve this, a case study was conducted, using theoretical support from works by scholars in the fields of Constitutional Law, Legal Hermeneutics, and Criminal Law, applying the concepts obtained to the analysis of the court's ruling. The research concludes that the STF's decision is legitimate from both a hermeneutical and legal perspective, especially considering the growing delegation of power from the Legislative to the Judiciary in recent years. The conclusion also highlights the need for greater participation from legislators in making complex decisions to address social issues often overlooked by Congress.