In a unanimous decision of the second instance, the Court of Justice of the Federal District and Territories (TJDFT) upheld the determination of compulsory hospitalization of chemical dependents and cost of treatment by the Federal District. The victim’s family does not have the money to pay for the intervention.
According to the patient’s father, who filed the lawsuit, the 30-year-old son has been a drug user for 15 years. He argues that the high dependence and lack of criticism about the disease itself prevent the user from adhering to treatment, which is why the request of involuntary hospitalization.
How can the family support a drug addict during his treatment?
The father also highlights that the family has already tried all extra-hospital resources and, at the moment, the son is at risk to his own health.
When analyzing the case, the rapporteur observed that the need for the hospitalization of the user was proven and recalls the constitutional obligation of the Federal District to meet this need.
“In the event, the medical report [juntado ao processo] certifies that the defendant is a crack user, has already been hospitalized in a therapeutic community for treatment and chemical dependence, demonstrating, however, little adherence to the proposed treatments; […] For these reasons, the assistant physician recommended involuntary hospitalization”, wrote the magistrate.
The collegiate also concluded that it is up to the State to pay for the hospitalization, since the family does not have the resources to do so and the boy has the right to health, guaranteed by Brazilian laws.