Pacientes adultos tem a maioria dos salvo-condutos para o plantio de Cannabis medicinal

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Advogado Emílio Figueiredo, consultor jurídico de associações, e Cidinha Carvalho, que planta Cannabis para a filha com autorização da Justiça (Foto: Agência Senado)

O direito à Cannabis medicinal foi uma conquista dos pacientes e familiares, que usaram de todos os recursos disponíveis para se tratarem. Saíram em passeatas, compraram medicamentos no mercado paralelo e brigaram na Justiça.

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Coube, no entanto, aos advogados e aos juízes entenderem a situação delicada e dolosa de muitas famílias. Muitas eram mães que assistiam os filhos convulsionarem sequencialmente e só encontraram na Cannabis um controle para a situação.

Para estes casos, a saída jurídica costuma ser a autorização para o cultivo doméstico. O Brasil registra 64 salvo-condutos deste tipo. O primeiro foi em 2016. Os adultos são a maioria dos casos (36), seguidos pelas crianças (21), e adolescentes (7).

O estado com o maior número de decisões é São Paulo (18), depois Rio de Janeiro (16). Ficam empatados em terceiro lugar Minas Gerais, Pernambuco, Rio Grande do Norte e Paraná – com 4 habeas corpus, cada. Ceará tem 3 autorizações. Distrito Federal e Rio Grande do Sul, com 2 decisões por estado. Goiás, Mato Grosso, Espírito Santo, Acre, Rondônia, Maranhão e Bahia, 1 caso por estado.

Do total dos salvo-condutos aprovados pela Justiça, 36 foram conquistados pela Reforma, coletivo de advogados que fazem um trabalho pro bono –sem cobrar honorários. “O maior desafio é convencer o juiz que o cultivo é para fim estritamente terapêutico”, diz o fundador da Reforma Emílio Figueiredo. Há casos de mães que começaram a plantar sem autorização da Justiça e acabaram denunciadas e presas– até que conseguiram provar o estado crítico dos filhos e o desespero real pelo bem-estar da prole.

Números de decisões por tipo de doença

Epilepsia 20
Dor 13
Câncer 7
Autismo 4
Depressão/ Ansiedade/Dependência Química 3
Parkson 3
Esclerose 2
Artrose 1
Retinose Piigmentar Bilateral 1
Insônia 1
Microcefalia 1
Alzheimer 1
Síndrome do Intestino Irritável 1

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