(Aug. 21, 2019) On August 5, 2019, the city of Rio de Janeiro published Decree No. 46,314, which enables compulsory hospitalization for drug users and homeless persons.
Decree No. 46,314 supplements Federal Law No. 11,343 of August 23, 2006, which establishes the National System of Public Policy on Drugs; prescribes measures to prevent drug abuse and promote the social reintegration of drug users and addicts; establishes rules for suppressing the unauthorized production and illicit trafficking of drugs; defines crimes, as amended by Law No. 13,840 of June 5, 2019; and provides for assistance to the homeless population (população em situação de rua) (Decree No. 46,314, art. 1).
The Decree defines the terms “drug addict,” “homeless person,” and “activities for the prevention of drug abuse” (art. 1(§ 1)). Voluntary hospitalization is considered to be hospitalization that occurs with the consent of the drug addict (art. 4(III)(a)), while involuntary hospitalization is that which occurs without the consent of the addicted person at the request of a family member or legal guardian, or, in the absolute absence of a family member or legal guardian, a public servant in the health arena or one affiliated with a social assistance or public organ of the National System of Public Policy on Drugs (Sistema Nacional de Políticas Públicas sobre Drogas) (with the exception of servants of the public security), who verify the existence of reasons justifying the measure (art. 4(III)(b)).
Involuntary hospitalization is to last only for the time necessary for detoxification or for a maximum period of 90 days, its termination in both cases determined by the attending physician (art. 4(V)(c)). In addition, the family or legal representative may at any time request the attending physician to discontinue treatment (art. 4(V)(d)).
Article 3 of Decree No. 46,314 creates the Municipal Register of Homeless Population (Cadastro Municipal da População em Situação de Rua, CPSUA), whose work must be promoted by the Municipal Secretariat of Social Assistance and Human Rights, with the assistance of the Pereira Passos Institute and the Municipal Secretariat of Health, with a view to identifying the social profile of homeless persons for the purpose of outlining specific assistance actions.