A autonomia privada do paciente dependente químico no Brasil e a discussão sobre a internação involuntária

Abstract

A discussion relating to bioethics and personal rights is developed, towards analyzing the conflict between the private autonomy of the substance dependent patient and medical action, in defining treatment and specially determining involuntary interment. A qualitative methodology is adopted through bibliographical research of documents and analyses of doctrine. Through this analysis, it is understood that substance dependence is not in itself a exclusive or sufficient condition to warrant a doctor imposing an involuntary interment. While sufficient critical judgment is present in patient, the dependent’s decisions prevail over those of family or third parties. This is so in light of the general clause of ‘tutela’, constitutionally supported by the principal of the dignity of human beings and the general right to liberty, another constitutional principal.