Entre a garantia e violação de direitos humanos: análise dos discursos do sujeito coletivo sobre a internação compulsória de usuários de substâncias psicoativas no Estado da Bahia

Abstract

The aim of this study was to analyze the different perceptions of stakeholders on the implementation of compulsory hospitalization of drug users by the Judiciary as a guarantee instrument and / or violation of human and social rights. The research used qualitative methodology through the literature, document analysis (jurisprudence) and performance of fifteen (15) interviews with justice actors (judges, prosecutors and public defenders), health (doctors and psychologists) and social assistance already participated in compulsory hospitalization or processes are directly involved with the agenda on drugs in the state of Bahia. Content analysis was made (Bardin, 1977) eight (08) judgments of the states of Rio Grande do Sul, São Paulo, Rio de Janeiro and Bahia. The interviews were recorded and transcribed in full construction and discourse analysis of the collective subject - DSC (LEFREVRE, FEFEVRE, 2012). The results are noted from the analysis of the case law and DSC actors of justice and players in health care and social assistance, identified in 05 (five) macro categories of analysis: 1) contradictions in the law uses and roles of the actors; 2) vulnerabilities and the impact of stigmas; 3) the coercive role of the state as a solution; 4) ambiguities and ambivalences of the perceptions of the IC; 5) legalization of dilemmas of policy on drugs. Considering the choice of adoption (or not) of such compulsory hospitalization coercive instrument just can violate human rights when it adopted the right way (which would be in excepcionalíssimas situations, at the appropriate place and no time). Although it is ambiguous and ambivalent question, there is no unanimity on the use of this measure by the judiciary, perceptions recorded in the DSC pointing to different understandings of the actors on the compulsory hospitalization as a legal instrument, which has more rapist potential guarantor of human rights.