Análise jurídica e social da internação compulsória dos drogadictos.

Abstract

The objective of this study is to analyze the theme about compulsory hospitalization of drug addicts in the legal and social perspective. It is examined the Law No. 10,216 / 01, which comes about rights protection of people with mental disorders, as Article 6, III, provides the compulsory hospitalization. The chemical dependency is cataloged by CID 10 F 19 as mental and behavioral disorder, which serves as legal parameter for the defense to application of therapeutic measure to drug addicts. It is remarkable that there are divergent positions between Brazilian about the subject. We seek then, to analyze the pathology; family role, the society and the State in the treatment of addicted to drugs; the compulsory hospitalization as a treatment for the drug addicts; the arguments for and against about this public health policy; as well expose the conflict between existing fundamental rights in the subject and it is possible solution. To reach the result was used the deductive method of approach, the historical method of procedue, building up the scientific thesis from legal and jurisprudence apparatus, making the use of research carried out in the bibliography, and in the indirect technical documentation. Thus, it was found that the compulsory hospitalization of drug addicts may be determined by the judge when the outpatient facilities prove insufficient and the addict is endangering your life or someone else's.