Judicialização da internação compulsória dos usuários de drogas: análise doutrinária acerca da sua (in)constitucionalidade

Abstract

The present paper objects to make an analysis of the judicialization institute of compulsory hospitalization of drug users and its constitutionality. Therefore this problematic, between the objectives, was thematized guiding aspects to the matter such the growing of the lawsuits related to the requests of compulsory hospitalization and its reasons, the legal requisites needed to the granting of the measure, connected to the mains challenging aspects that may question the constitutionality of the institute and the resulting applying the weighting of principles technic, linked to the criterion of proportionality to face the issue. To this end, this investigation is outlined through the dialectical method of approach, aiming to analyze the contradictions about the measure application to the drug users to verify if there is respect for the fundamental rights of the chemical addicted in the measure application, from the foundations contained in the doctrine and in the constitutional and infralegal text. As a procedural methodology, the monograph and qualitative method was used to analyze the main points that sustain the thesis and factors involved that allows to associate the judicialization of compulsory hospitalization and the institutionalization of the measure applying regarding the drug addicts.Concerning the technical procedures used, narrative review was used, being composed of studies published in scientific literature, legislation and books associated with the legal and mental health field. Between the main aspects and results discussed, are the constitutionality of the measure, from the perspective of weighing principles as a way to ensure the fundamental right to life of the drug addict. It is noteworthy that more research is needed on the subject, involving the intersectoral network, encompassing areas such as justice, health and social assistance, in order to qualify the actions of promotion, protection and recovery of mental health.