NEW DRUGS POLICY:

IS HOSPITALIZATION INITIAL RATIO OR LAST?

Abstract

^{This article aims to perform a transdisciplinary reflection regarding legislative innovations developed by the law 13.840/2019. The referred by-law was sanctioned by the president Jair Messias Bolsonaro on june 2019. Its purpose is to regulate, reformulate and establish a new drugs policy. In view of the fact that the referred drug policy reinforces involuntary hospitalizations of drug users, even more promoting them ingress on rehab clinics which mainly use abstinence methods to treat their patients. Accordingly, to the cited facts was perceived the non applicability of the constitutional principle of human dignity, also the disrespect of basal criminal code premisses, like individual autonomy, offense principle and the action exteriority. The state adopts a fatherly posture on the private life of users and drug addicted, therefore is prioritized this posture before the practice of the individual autonomy aiming provide them proper therapy. In this analysis it is intended to approach about the involuntary hospitalization on a democratic state of right, while this supposes to be a protective device of fundamental rights. In conclusion, it is intended to expound doctrinal concepts of criminal law axioms previously showed, foreseen content in law, the recomposer methodology of rehab communities, so concluding it is pursued to stress the reduction of harms instead of the manicomic logic.}