Internação compulsória do dependente quimico garantia do Direito à vida ou violação do Direito à liberdade.

Abstract

This paper deals with the admission of the drug addict (voluntary, involuntary and compulsory), emphasizing the last two because they are species that are performed without the patient's consent, generating conflict between the right to freedom and the right to life worthy of the same. It makes a historical overview, from the Middle Ages to the present day concerning compulsory admissions past and how they are performed today. Brings the evolution of Brazilian legislation that deals with the compulsory admission of psychopaths who have spent since 2001 to be called people with mental disorders drawing a parallel with the admission of the drug user. Continuing, he points out that, in Brazil, when the Compulsory Internment began to be regulated in the year 1903, his guidance was the French law of 1838. Regarding the Psychiatric Reform 2001 (Law 10.216 / 2001), the guiding source was the Italian Psychiatric Reform. This research shows that, because there is no defined policy to treat the drug addict, the Law 10.216 / 2001 is used for compulsory hospitalization of those people who are treated as mentally ill and it generates a great controversy. Also points out, what are the constitutional principles that may be injured in the event of involuntary or compulsory hospitalization, being held against their will and autonomy of interning. Focuses on which the responsibilities of each social entity (Family, State and Civil Society) is established by checking that only the sum of efforts of these entities will be able to alleviate the problem of the indiscriminate use of drugs installed in our country, coming to the conclusion that prevention is the best solution. Closes showing the procedures adopted in the case of involuntary and compulsory hospitalization, should be observed due process, also the conflict when in hospital, the principles of bioethics are not observed, thus being the rights of the patient violated