OLIVEIRA, F. M. S. S.; http://lattes.cnpq.br/2560977211601399; OLIVEIRA, Fernando Magno Silva Santos de.
Résumé:
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