Internações x efetivação do direito à saúde.

Abstract

The present monographic work seeks to demonstrate how hospitalizations are made in the state of Rio Grande do Sul. The fundamental rights of the patient, the principles of minimum existentiality, maximum effectiveness, human dignity, proportionality,reasonableness, right to health were studied. , right to liberty, legality and the reserve of the possible. It was addressed and specified about the types of psychiatric, involuntary, voluntary and compulsory hospitalizations. The responsibility of the State, the role of society, the role of the judiciary and the public prosecutor in the implementation of hospitalizations as a model of harm reduction and the reinsertion of the interned in society were analyzed. The theme presented was of great relevance because it is a public health problem. If hospitalization is not effective it can worsen the situation of the hospitalized and lead to a series of other bad factors for the individual and the society itself. Given this, the work sought answers to the following problems: Does the state have effective means of hospitalization? And what are the benefits to the population that hospitalizations can bring? To cope with the task, the present work had as deductive method of approach, defined by the case study, following the study of articles, doctrines, jurisprudential research and legislation to report the problem here challenged. The method of procedure was the analytical one, as the hospitalizations and the state's duty to treat the problem were analyzed. Thus, it was concluded that the State does not have effective means of hospitalization and that the treatment provided only worsens the patient's situation. Moreover, it was found that if the hospitalizations were actually made in the state of Rio Grande do Sul, the problems arising from the inmates would decrease and the crime would be symbolically reduced.