Civil disobedience in Brazilian Law: the right of resistance of civil associations for the production of cannabinoids for therapeutic use

Abstract

This article evaluates the exercise of the right of resistance by civil associations in the face of the prohibition of the commercialization of Cannabis sativa in Brazil, harming the production of cannabinoids for medicinal use, with the objective of building a thesis that gives validity to the performance of these entities. To this end, it uses the right of resistance as a basis for authorizing the production of cannabinoids, adopting the theory of civil disobedience in Thoureau as a reference. From a deductive approach, supported by a bibliographic and documentary research, it analyzes the right of resistance as a fundamental right. Then, it presents data on the effectiveness of cannabinoid-based drugs and ANVISA's positioning. Finally, it concludes with the examination of the relevance of civil associations in the realization of the right to health in favor of the release of Cannabis sativa in Brazil, especially for low-income people. It concludes that civil disobedience on the part of civil associations is a valid mechanism in the Brazilian legal system and resistance must be observed by the authorities with great caution, and that the Judiciary must intervene to guarantee the exercise of the right of resistance, within the strict limits of the drug use