| Law 10216 of April 6, 2001 |
2001. Health Ministry. |
Framework of the Psychiatric Reform; new model for mental health care; de-hospitalization, services on territorial basis, open doors, no exclusion from coexistence with society. Defines three types of psychiatric hospitalization: voluntary, requested by patient, and involuntary. |
(3) |
| Collegiate Directorate Resolution (RDC) 101, of May 30, 2001 (repealed by RDC 29 of 2011) |
2001. Health Ministry, Anvisa. |
Technical Regulation on the functioning of care services for people with disorders arising from use or abuse of psychoactive substances, according to a psychosocial model. Also known as Therapeutic Communities (CTs). |
(2) |
| Presidential Decree 4345, of August 26, 2002. |
2002. Office of the President of the Republic, National Anti-Drugs Secretariat (SENAD) |
Instituted the National Antidrugs Policy (PNAD). Uses the prefix anti, which can be associated with a position in favor of prohibition and a society free from the use of unlawful drugs, and unlawful use of lawful drugs – although it already indicates programs for reduction of demand and reduction of damage, since it takes into account the social determinants of health. |
(1) |
| Ministerial Order 2197 of October 14, 2004. |
2004. Health Ministry |
Established the Integral Healthcare Program for Users of Alcohol and other Drugs (‘AD’). Takes into account the decisions of the document “The Health Ministry’s Policy for Integral Attention to Users of Alcohol and other Drugs” of 2003. Adopts Harm Reduction as a strategy for priority intervention. Is opposed to hospitalization of AD users in psychiatric hospitals, and makes rules governing short-term hospital admissions; proposes integration between the services and levels of healthcare. |
(3) |
| CONAD Resolution 3/GSIPR/CH of October 27, 2005. |
2005. National Anti-Drugs Council (CONAD) |
Instituted the National Policy on Drugs, substituting the prefix anti with on, reflecting a new technical/political understanding of the problem in a society protected from use of unlawful drugs and undue use of lawful drugs. |
(3) |
| Ministerial Order 1028 of July 1, 2005. |
2005. Health Ministry |
Regulated actions that aim for Harm Reduction arising from the use of products, substances or drugs that cause dependence, and specifies Harm Reduction actions with availability of inputs for prevention of HIV and hepatitis. |
(3) |
| The Drugs Law – Law 11343 of August 23, 2006. |
2006. Office of the President of the Republic, President’s Administrative Office. |
Instituted the National System of Public Policies on Drugs (Sisnad). Lays down measures for prevention of undue use, care and social re-inclusion of drug users and addicts, and the networks of services. Establishes rules for repression of unauthorized production and unlawful traffic in drugs; defines crimes, distinguishes between user and dealer, and their respective penalties, but maintains criminalization and penalties for use of drugs. |
(1) |
| Decree 6117 of May 22, 2007. |
2007. Office of the President of the Republic. |
Instituted the National Alcohol Policy, with measures to reduce undue use of alcohol, and its association with violence and criminality. Proposes expansion and strengthening of the local integral care networks using the logic of territory and Harm Reduction. |
(3) |
| Ministerial Order 1190 of June 4, 2009. |
2009. Health Ministry. |
Institutes the Emergency Plan for Expansion of Access to Treatment and Prevention in Alcohol and other Drugs (PEAD). Creates and provides structuring rules for Clinics in the Street (CRs) as one of the strategies in the area of mental health; aims to diversify actions aiming for prevention, promotion and treatment through effective inter-sectorial responses. |
(3) |
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it continues |
| Law 12101 of November 27, 2009. |
2009. Office of the President of the Republic, President’s Administrative Office. |
Makes provisions on certification of charitable social work entities; regulates exemption from social security contribution for non-profit legal entities under private law; and includes CTs in the category. |
(2) |
| Decree 7179 of May 20, 2010 |
2010. Office of the President of the Republic, President’s Administrative Office. |
Instituted the Integrated Plan to Combat Crack and other Drugs (PIEC), and creates its Managing Committee. This Plan gave rise to the It’s Possible to Beat Crack program in 2011, with three lines of action: Prevention, Care, and Authority, with the aim of promoting prevention, treatment and social re-inclusion of users; and combating of dealing in crack and other unlawful drugs. Aimed to integrate the actions of healthcare and social re-inclusion of AD users with the actions of the Single Social Assistance System (SUAS), as well as expansion of the facilities of the healthcare network. |
(2 and 3) |
| RDC 29 of June 30, 2011. |
2011. Health Ministry. Anvisa |
Established health safety requirements for institutions providing care services to people with disorders arising from psychoactive substances on a residential basis. Repeals the RDC of 2001, and presents activities supposedly carried out in the CTs without naming them as such. Lacked the previous rigor of RDC 101 as to criteria for eligibility of the resident and maintains the criterion of voluntary staying. Did not define the maximum number of beds (which was 30 in RDC 101) and no longer requires the person responsible to be a health professional, but only a person with higher education. |
(2) |
| Ministerial Order 2488 of October 21, 2011 |
2011. Health Ministry. |
Approved the National Basic Healthcare Policy (PNAB). Revisits the organization of Basic Healthcare and its essential and derivative attributes. Incorporates Harm Reduction into Basic Care and creates the Street Clinic Teams (eCnaR). |
(3) |
| Ministerial Order 3088 of December 23, 2011. |
2011. Health Ministry. |
Instituted the Psychosocial Care Network for people with mental suffering or disorder and needs arising from the use of crack, alcohol and other drugs (RAPS), for expansion of access to psychosocial care at the healthcare points of the network, including urgent cases. Instituted the CTs, the eCnaRs and the Psychosocial Care Centers for AD (CAPS AD), with their facilities, structures and rules. |
(3) |
| Ministerial Order 131 of January 26, 2012. |
2012. Health Ministry. |
Instituted financial running-costs incentive for support to Residential Regime Care Services, including the CTs in the ambit of the RAPS. Sets 30 beds as the maximum number per service (the number first included in RDC 101). To receive the incentive payment, services must be part of a Health Region that has components of the RAPS. Presents more rigid rules for accreditation of residential services. |
(2 and 3) |
| Ministerial Order 10 of February 28, 2014. |
2014. Ministry of Justice - SENAD. |
Adds a model of a report for inspection of CTs. Defines a CT as an entity that provide services receiving people with disorders arising from use or abuse of, or addiction to, psychoactive substances. Explicitly states that there is a number of vacancies contracted by SENAD, the oversight body of the CTs, using parameters of RDC 29/2011. Lays down that Work Therapy, which uses work as a means of recovery, is a right of the patient once accepted. Proposes an acceptance model in which there is no depravation of liberty. |
(2) |
| Resolution 01 of August 19, 2015. |
2015. Office of the President of the Republic, CONAD. |
Regulates, under the aegis of Sisnad, the entities characterized as CTs, without prejudice to RDC 29. States that the CTs are not health establishments, but establishments working in the interests of and supporting public policies for care, treatment, protection, promotion and social re-inclusion. Establishes acceptance for up to 12 months, which differentiates from a psychosocial approach with a view to de-institutionalization. The acceptance program also allows inclusion of spiritual development as part of the method of recovery. |
(2) |
| Ministerial Order 834 of April 26, 2016. |
2016. Health Ministry |
Redefines the procedures for certification of charitable social work entities in the area of health (CEBAS), and considers an entity that operates directly in healthcare to be a charity social work entity. A CT that is defined as a health entity may receive the CEBAS certificate, but there is no definition of criteria as to what characterizes a “health entity”. Also states that as an exception, the CEBAS certificate may also be awarded to a CT that proves application of only 20% of its gross revenue in activities provided free of charge. |
(2) |
