Análise da constitucionalidade das internações compulsórias dos dependentes químicos realizadas pelo Poder Executivo à luz da ordem garantista

Abstract

The present academic paper proposes a reflection about the measure of compulsory detention of drug addicted implanted by local authorities in the big brazilian cities, detaching social aspects of this measure that is ruled by the Law 10.2016/2001, having as an aim the analyses of the existent conflicts among the diverse institutions. Further on the social debate, it will be observed juridical aspects, as well as rights and fundamental warranties of the drug addicted in street situation, based on principles protected by the Republic Constitution of 1988. To accomplish this study it was used an essentially bibliographic research, based on doctrines and legislation, with the goal of base and justify the idea. In this way was discussed the social and psychological aspects, making a comparison with the legal boundary stone that we experience in this moment to verify that the measure of compulsory detention, as being applied, is extremely inefficient and trespasser of principles like lawfulness, dignity of human beings, the due legal process, and it also contributes to exacerbate an evolved social exclusion framework.