Abrindo a cabeça: os avanços no debate sobre o uso medicinal da cannabis no Brasil e a dificuldade do acesso aos tratamentos

Abstract

The purpose of this study is to get into the intricacies of the lack of regulation of treatments with Cannabis sativa for medicinal purposes and the social reflexes, on a national scale, showing the paths that led to the scenario in which we live today, marked by an assiduous war on drugs and the dependence of the State for the realization of the right to health through of the most effective treatment. One of the challenges faced by patients is the mandatory judicialization of the demand so that, upon authorization court, has permission to seek the import of the necessary drug, which as it is costly, it is restricted to those who have the financial resources to pay for the need to search abroad. To make it possible for everyone, we have observed recent months the increase in the number of preventive habeas corpus filed, the in order to guarantee the possibility of cultivating the plant, even if it is prohibited. Conduct, ensuring the protection of the citizen from police control and penalties restrictive of freedom. Still, contrary to legal changes and medicinal products that we have followed in most developed countries around around the world, Brazil tends to promote changes that, despite strengthening the need and effectiveness of these treatments, restricts access to those who have the resources necessary to fulfill the claimed right, and not to all, being necessary to analyze in depth the motivations and reflexes of dependence on the judiciary and ANVISA to ensure the most viable treatment, always emphasizing the practical advances achieved by the legal support associations that work in favor of the reform of the national drug policy established by Law 11.343/2006