A internação compulsória do adicto no ordenamento jurídico vigente: uma abordagem sobre a constitucionalidade e legalidade da medida.

Abstract

This paper analyzes the compulsory hospitalization of chemically dependent topic that generates considerable controversy and discussion in the current social context. Makes a historical approach about hospitalization from the beginning until the present, also showing the evolution of Brazilian legislation regarding compulsory hospitalization. It also presents the possibility of compulsory hospitalization and procedure in your national legal system provided by Act 10.216/01 and their analysis before the Constitution of the Federative Republic of Brazil. Also noteworthy is the use of compulsory hospitalization like public health and safety policy generating collision between the fundamental rights to life, health, human dignity and freedom. On this track, the scope of this research is to analyze the possibilities of compulsory hospitalization as a means to treat addiction and the need to respect fundamental rights constitutionally provided, also becoming a delicate appreciation to make possible a appropriate reflection about the possibility of a right overlap the other in the solution of this problem, in the face of undeniable importance of ensuring all these rights attaching to people, especially in Democratic State of Right. The method used is the deductive approach, the research methods of procedure as will the historical method, studying the historical evolution of hospitalization and monographic method highlighting the problems and divergence involving compulsory hospitalization of drug addicts and technical research will be the documentation indirect covering literature.