Internação compulsória de dependentes químicos

Abstract

This paper aims an approach of Compulsory Commitment of Chemical Dependents as from the new perspective brought by the 2001 Psychiatric Reform, in which the Brazilian Health Law found new treatment after the enactment of the Law no. 10.216/2001. Since the promulgation of this regulatory text, there had been many discussions about its use as a legitimate tool to validate the compulsory commitment of drug addicts, who became to be treated as mentally ill, what is generating great controversy concerning the poise of the principles of protection of life and individual liberty. On the latter, the Kantian concepts about human liberty are indispensable for a proper understanding of what the State should protect as a guardian and custodian of the dignity of a human person. Nevertheless, the contextualization through historical aspects that involve the commitment of citizens seen as alienated shows itself greatly valuable in reflecting on the abuses committed against certain groups throughout history, in search of true maintenance of power, marginalizing those who could, in theory, generate social disorder.