Banca de QUALIFICAÇÃO: PATRÍCIO JORGE LOBO VIEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : PATRÍCIO JORGE LOBO VIEIRA
DATE: 08/08/2020
TIME: 17:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

EXAMINATION OF THE CONSTITUTIONALITY OF FORCED PSYCHIATRIC HOSPITALIZATION IN PERSONS WITH MENTAL DISORDER FROM THE PROPORTIONALITY CRITERION

KEY WORDS:

Constitutionality. Psychiatric hospitalization not consented to. Person with mental disorder. Proportionality.

PAGES: 348
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The Psychiatric ReformLaw has changed the whole policy of the person with mental disorder’s treatment system, recognizing the inclusive dynamics and the primacy of out-of-hospital services, while the Statute of the Person with Disability, incorporatedprecepts of the Convention on the Rights of Persons with Disabilities, whenchangedthe system of capabilities, has recognizedthe autonomy of the human being as a founding value in relation to treatment and hospitalization, with the exception of emergency measures. The human mind has specificities, and people may not have the self-determination necessary to perform acts in civil life, including in the field of consciousness in relation to the need for treatment for the preservation of one's own life, and it seems indispensable the interface with other knowledge, especially psychiatry. In this correlation, the dissertation approach theproblem regardingthe violation of freedom and dignity to the detriment of the law of psychiatric reformandthe dilemma about the non-consensual treatment as a necessary means for the preservation of health, life and dignity in face of the state duty of protection inherent to the objective dimension of fundamental rights, imposing the treatment as a measure of protection and rescue of the self-determination of the person with mental disorderin a situation of crisis and vulnerability. In this sense, a panorama of the mental disorder and the national and global problems will be outlined. The history of madness and asylumswill be analyzed, the regulation of the rights of people with mental disorder, including comparative law, outlining the conflicts in mental health in the legal and interdisciplinary context. Self-determination as a fundamental right and an element of human dignity will be discussed, focusing on informed consent and human limitations, as well as on the dilemmas related to freedom and the State's duty to protect in the context of restricting rights. Finally, the constitutionality of Law no. 10,216 will be analyzed in accordance with proportionality, addressing national, regional and local judicial decisions, paying attention to the need or not for express constitutional authorization for the restriction of fundamental rights, especially in the sphere of human self-determination, with emphasis on the constitutional justification ofstate intervention, bythe investigation of the legality of the purpose and the means, the adequacy and necessity in relation to the purpose of the norm, presenting, at the end, constructive proposals in relation to the issue. For this, the study, of exploratory and descriptive nature, with qualitative approach and deductive method, bybibliographical research, is intended to evaluate the formal and material constitutionality of forced psychiatric admissions, under the bias of proportionality, as a methodological criterion that legitimizes the burden of state justification in the intervention in fundamental rights of people with mental disorder.

BANKING MEMBERS:
Presidente - 1497348 - LEONARDO MARTINS
Interno - 1675264 - RICARDO TINOCO DE GOES
Interna - 1657901 - YARA MARIA PEREIRA GURGEL