Análise de (in)constitucionalidade da internação involuntária de dependentes químicos frente ao princípio da autonomia, da dignidade da pessoa humana e do direito fundamental à segurança pública

Abstract

Involuntary hospitalization is a measure applicable to the treatment of drug addicts, such as combating chemical dependency, which happens without the patient's consent and at the request of third parties. The present work, therefore, has as its central purpose the analysis of the legality or illegality of the predicted measure in cases of chemical dependency, based on the principles prescribed in the Magna Carta of 1988. With this, the research makes a precise analysis about the existing conflict between fundamental rights, namely, the right to life, to public safety and the dignity of the human person in contrast to autonomy and freedom of movement of the addict. Based on scientific articles, jurisprudential and doctrinal research, principles inherited from bioethics, especially Brazilian legislation and, in particular, the Brazilian Federal Constitution of 1988, the study will have as its primary focus the analysis of the constitutionality of hospitalization involuntary. Therefore, the research was divided into three chapters. The first addresses historical notions about drug use and its implications. The second treats on the institute of involuntary hospitalization, its modalities and its consolidation history in the Brazilian legal system. The third, and last, brings an analysis of the involuntary hospitalization in the light of fundamental rights and guarantees