Os limites da internação psiquiátrica forçada de usuários de drogas ilícitas à luz da Proteção Internacional dos Direitos Humanos
type: CreativeWork
description: 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 leg…
abstract: 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 leg…
author: Silva, Géssica Dayse de Oliveira
language: pt_BR
keywords: Internação psiquiátrica, Tratamento compulsório, Drogaditos, Controle social, Direitos Humanos
date published: 2018-01-29
date modified: 2026-07-24T01:20:51Z
provider: Brazil UFRN
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Brasil