DRUG DEALER VERSUS USER: PARAMETERS FOR CHARACTERIZATION BASED ON THE JURISPRUDENCE OF THE SUPREME FEDERAL COURT: analysis of the classification of drugs other than cannabis sativa
user; trafficker; distinction; objective parameters
This research sought to analyse the jurisprudence of the Federal Supreme Court regarding the differentiation between drug users and traffickers, based on the judgement of Theme 506 of General Repercussion (Extraordinary Appeal 635.659), which established a relative criterion of presumption of personal use of 40 grams of cannabis sativa or six female plants. The objective was to seek a quantitative benchmark to define, in relation to drugs other than marijuana, what the Supreme Court has been understanding as a small amount intended for personal consumption.