The Limits of the Compulsory Institutionalization and the Autonomy of the Drug-Addicted Patient

Abstract

It analyses the legality of the constriction of freedom from the crack addicted by Rio de Janeiro administrative authority, in face of the Psychiatrically Reform and fundamental rights of the person. The Protocol of Compulsory Sheltering of Street People, has conquered lots of followers from civil society and Public Authority. It looks for construct a process of “leaving streets” and creating conditions of access to a service network and assistance benefits and identifying families and persons with violated rights. In its results it contributes to the sanitation of streets and to social safety, without knowing about the effective results about health and re-socialization of drugs addicted and helped crackers. It results on the questioning of the most able alternative to confront the “crack epidemics”, especially if considered the autonomy of the person and the rights of adequate treatment. It is observed that the alternative confronts the primacy of the extra-nosocomial methods spread by the recent psychiatric reform that has been installed in Brazil and the principles of total protection to the personal rights adopted by the Federal Constitution.