Banca de DEFESA: GÉSSICA DAYSE DE OLIVEIRA SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : GÉSSICA DAYSE DE OLIVEIRA SILVA
DATA : 18/01/2018
HORA: 09:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE LIMITS OF THE INVOLUNTARY PSYCHIATRIC HOSPITALIZATION OF ILLICIT DRUG USERS UNDER THE APPROACH OF HUMAN RIGHTS'S PROTECTION

PALAVRAS-CHAVES:

Psychiatric hospitalization. Compulsory Treatment. Drug Addicts. Social Control. Human rights.

PÁGINAS: 186
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present study analyzes the possibility of forced hospitalization of illicit drug users as a criminal policy in the light of Human Rights protection and critical criminology. Initially, the works of Foucault and 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 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 legislative projects, contravenes international recommendations regarding the effective treatment of drug addiction, which should be based on respect for being as a subject of rights, under the focus of policies directed to public health. Finally, it was also found that the reality present in compulsory detention or treatment centers, for the most part, does not find accommodation in the Democratic State of Law, since, starting from the policy of integral abstinence, so-called prophylactic practices, not infrequently, legitimize hygienist models and conduct that violates rights, especially in the face of people in situation of street.

 

MEMBROS DA BANCA:
Interno - 1758259 - KEITY MARA FERREIRA DE SOUZA E SABOYA
Externo à Instituição - ROSIVALDO TOSCANO DOS SANTOS JUNIOR - ESMARN
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL