O mercado de cannabis sativa e seus impactos na Amazônia paraense: análise das externalidades e dos parâmetros regulatórios sob a perspectiva da análise econômica do direito

Abstract

The Cannabis sativa market is a rapidly expanding reality, presenting a range of social, economic, and legal implications. In this context, the present study aims to analyze this market through the lens of Law and Economics, considering both its legal and illegal dimensions. To this end, a historical overview of the psychotropic use of Cannabis sativa will be reconstructed, focusing on its origins, the processes of criminalization, and decriminalization movements across the Americas. The geographical scope of the study includes countries in North America—Canada, Mexico, and the United States—and South America—Uruguay, Chile, Colombia, Argentina, Peru, and Brazil—based on the scientific classification of the substance recognized by the World Health Organization (WHO). The analysis then turns to the Brazilian context, examining current regulations, access, and usage, with particular attention to the legal debate surrounding adult use, notably the Extraordinary Appeal (RE) 635659 – Theme 506 of the Federal Supreme Court. Building on this foundation, a Law and Economics analysis of the legal and illegal Cannabis sativa markets in Brazil will be conducted, emphasizing the externalities produced. Key economic and regulatory concepts such as rationality, utility maximization, economic agents, incentives, efficiency, market failures, information asymmetry, regulation theory, the Coase theorem, and the Peltzman effect will be employed. A specific focus will be given to the Amazon region, particularly the state of Pará, in order to understand the potential impacts of legalization and the importance of developing appropriate regulatory standards. This study seeks to provide a scientific and interdisciplinary reflection on legalization, considering the unique socio-environmental characteristics of the Pará Amazon. The general objective is to identify the externalities of cannabis legalization and its possible impacts on the Pará Amazon, proposing regulatory parameters from the perspective of Law and Economics. The research adopts a qualitative and descriptive methodology, based on content analysis, legislation, jurisprudence, comparative law, and academic literature, with a thematic focus on regulatory implications.