A lei 13.840/2019 e a violação da autonomia privada do sujeito: uma ponderação crítico-reflexiva da internação compulsória

Abstract

Article is intended to verify the legal norms of public drug policy through its historical and cultural aspects, as well as the flexibilization of individual rigths in relation to collective rights. About the private autonomy of the chemical dependent, it will be discussed whether these norms violate the individual’s freedom of choice, which directly affect the principle of human dignity. This discussion aims to analyze the possible unconstitutionality of Law 13.840/2019, whichalters the National System of Public Policies on Drugs and the conditions of attention to user or dependents of such substances, as well as the financing of policies on drugs, givin special attention to art. 23-A, §3, II, and §5, which regulates the admission of compulsory hospitalization of drug users.