The atypicality - and other aspects - of the importation of cannabis sativa seeds for therapeutic purposes in Brazil

Abstract

Cannabis sativa is a plant capable of generating narcotic substances. However, it has compounds that facilitate the treatment of various diseases, being even endorsed in the medical field by the National Health Surveillance Agency (ANVISA). Despite the authorization for treatment, the medicine has a high cost, which is why individuals have been seeking safe-conduct for the importation of seeds, solely for medicinal production, through the Judiciary. In this context, the Superior Court of Justice, besides recognizing the admissibility of habeas corpus for the demand, considered the conduct's typicity to be non-existent, whether formal or material. Faced with such a scenario, it is intended to establish an analysis based on the understanding of doctrine and the latest jurisprudence regarding the importation of cannabis sativa seeds for therapeutic purposes. Through research on jurisprudence and doctrine, it was concluded that the decisions of the Superior Courts should prevail in the face of legislative inaction on the matter.