Santos Neto, Arnaldo Bastos2024-10-142024-10-142024LACERDA JÚNIOR, Ézio. A inconstitucionalidade da regulação do uso medicinal da cannabis no Brasil à luz dos princípios da ordem constitucional econômica brasileira. Goiânia (GO), 2022. 125 f Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2024http://repositorio.unialfa.com.br/handle/123456789/431This dissertation aimed to study the unconstitutionality of the current regulations on the medicinal use of Cannabis in Brazil, in light of the principles of free enterprise, free competition, human dignity, and social justice, which are fundamental guidelines of the Brazilian constitutional economic order, according to Art.170 of the Federal Constitution of 1988. The objectives pursued were to analyze the aforementioned principles within the scope of the Brazilian constitutional economic order; to address the criteria that can be used to assess the inadequacy of regulatory norms issued by the State, using the paradigms chosen in this work; and finally, to subject the current regulation of the medicinal use of Cannabis in Brazil to a constitutionality review based on the principles of free enterprise, free competition, human dignity, and social justice. The adopted hypothesis was that the current regulation on the medicinal use of Cannabis in Brazil, although it has made some progress in recent years, is still quite restrictive and prohibitive, violating the principles that govern the Brazilian constitutional economic order. At the end of this study, we concluded that, despite the proven efficiency and safety of the medicinal use of Cannabis for treating various diseases, Brazil still has a regulation that is quite restrictive and prohibitionist, hindering the development of scientific research and the establishment of a productive chain capable of meeting the internal and external demand for Cannabis-based inputs, which could generate jobs, development, and income for the country. Furthermore, the current regulation hinders access for patients who need to use Cannabis-based drugs to maintain their health or improve their quality of life, thereby violating the principles that govern the country's constitutional economic order, especially the principles of free enterprise, free competition, human dignity, and social justice. To develop this study, we used the deductive method, starting with bibliographic and documentary research on the Brazilian constitutional economic order, the principles that govern it, as well as the regulation of the medicinal use of Cannabis in Brazil, analyzing the topic from an interdisciplinary perspective, with a legal, social, biomedical, historical, political, and economic focus. Keywords: Constitutional Economic Law. Medicinal use of Cannabis in Brazil. Regulation. Principles of the constitutional economic order. UnconstitutionalityptCannabisUso medicinal da CannabisPrincípios constitucionaisInsconstitucionalidade