Internação compulsória e biopolítica: o direito fundamental à liberdade e autonomia à luz do pensamento de Michel Foucault e a política de drogas brasileira

• Autor(a) principal: Freitas, Carolina Nunes de
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/138
• topic: Política de drogas; Discurso; Biopolítica; Internação compulsória; Direito

This research discussed the compulsory hospitalization of drug users in social vulnerability, and its compatibility with the fundamental right to freedom and autonomy, and found its legitimacy as health care, from the perspective of protection of fundamental rights. From the theoretical framework of biopower, as Michel Foucault and using discourse analysis, this research was conducted in order to find answers to two central issues: (1) How to reconcile the compulsory hospitalization of drug users, who have more than 18 years, in situations of social vulnerability with the fundamental right of freedom / autonomy? (2) Speaking of Attorneys who work in health care, about the drug policy and mental health, on the implementation of compulsory hospitalization, demonstrates argumentative practices of a guaranteeism that are consistent with the assumptions of protection of fundamental rights and freedom and autonomy? To answer these questions the research was conducted in order to examine the possibility of the state mitigate these fundamental rights of drug users. Has also sought to examine the Brazilian drug policy change in 2003 that adopted the perspective of public health and provided guidelines and goals to implement an integrated and intersectoral treatment to users of alcohol and other drugs, respecting their fundamental rights. This is an exploratory, descriptive, qualitative, through semi structured interviews with six Prosecutors in which units of meaning were identified that allowed the establishment of analytical categories that were then subjected to a process of analysis considering Foucault theoretical features about the power and psychiatry. This analysis confirmed the assumptions made, that the compulsory hospitalization is incompatible with freedom and autonomy and does not guarantee the right to health of the users. It was observed that the lack of investment in basic health care and the State's failure, denying the enforcement of fundamental rights are the main drivers of worsening social conditions, resulting in an emergency scenario that paradoxically tries to avoid by compulsory hospitalization. It was also confirmed that prosecutors investigated adopt a guarantee speech, from the perspective of user freedom. The survey results indicate a need for expansion and structuring of the equipment and basic health care services, replacing the compulsory hospitalization for more consistent measures, keeping it as only for severe cases, throughout the crisis. The requirements must necessarily include report provided by specialized medical board of the public health network and psychosocial reviews provided by professionals that accompany the patient.