A internação involuntária de dependentes químicos: uma análise da Lei nº 13.840/2019 à luz dos direitos fundamentais da liberdade e da segurança pública

Abstract

The present monographic work analyzes the involuntary hospitalization of the dependent chemical in light of the provisions of Law No. 13,840/2019. Seeks to demonstrate the controversy existing about the application of involuntary hospitalization as a treatment measure given to the addict, proposing a reflection on such a measure. To achieve this purpose, makes an exposition and study about the legal and medical arguments, favorable and contrary, regarding the acceptance of this form of treatment made available by the State. Ponders the conflict between fundamental rights to drug addict's freedom versus society's public safety, which collide when a drug addict is involuntarily hospitalized. However, the historical approach to the manifestations of care for drug addicts through Brazilian legislation that alluded to the subject over the years, as well as the normative device that established the beginning of involuntary hospitalization, are of great value to explore the topic