Os limites da internação psiquiátrica forçada de usuários de drogas ilícitas à luz da Proteção Internacional dos Direitos Humanos
The present study analyzes the possibility of forced hospitalization of illicit drug users as a criminal policy under the approach of human rights protection and critical criminology. Initially, the works of Michel Foucault and Erving Goffman are used as a theoretical reference, in order to verif...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/26849 |
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| Resumo: | The present study analyzes the possibility of forced hospitalization of illicit drug users as a
criminal policy under the approach of human rights protection and critical criminology. Initially,
the works of Michel Foucault and Erving Goffman are used as a theoretical reference, in order to
verify how the merger between Legal Knowledge and Medical Knowledge turns to the users of
illicit drugs, while power speeches imbued with body and minds’s docilization techniques, as
well as the influence of this union on normative diplomas in the context of the war on drugs. In
the sequence, it is sought to explore the institution of the forced hospitalization of subjects in the
context of the Psychiatric Reform, since it is being applied analogically from Law 10.216/01, as
well as the possible characterization of it as a measure of exception, disregarding several
guarantees and fundamental rights, based on the theory formulated by Giorgio Agamben. Finally,
it examines the forced internment of drug users in order to verify the compatibility of such
practice with the principles and guidelines for the protection of Human Rights, enshrined in the
Federal Constitution of 1988, with emphasis on a constitutional hermeneutic valuation of human
dignity. In the process of constructing the study, the present work is based on an exploratory
theoretical approach, through the characterization and definition of the problem. The method of
bibliographical research is used, through doctrinal, legislative and jurisprudential research. In
addition, the deductive method is used, since it starts from broad and generalizing legal concepts
and postulates, in order to establish a connection between the Brazilian reality and the regulatory
framework present in the instruments of protection of human rights. Through a multidisciplinary
analysis, with a theoretical approach based on legal-sociological studies, it was concluded that the
forced hospitalization of drug users, raised in different Brazilian legislative projects, contravenes
international recommendations regarding the effective treatment of drug addiction, which should
be based on respect for being as a subject of rights, under the focus of policies directed to public
health. Finally, it was also found that the reality present in compulsory detention or treatment
centers, for the most part, does not find accommodation in the Democratic State of Law, since,
starting from the policy of integral abstinence, so-called prophylactic practices, not infrequently,
legitimize hygienist models and conduct that violates rights, especially in the face of people in
situation of street. |
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