Quo vadis, tratamento compulsivo?

• Autor(a) principal: Gonçalves, Beatriz Garoupa Albergaria Bicudo
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/56404
• topic: internamento compulsivo; tratamento compulsivo; Lei de Saúde Mental; tratamento em regime ambulatório; anomalia psíquica; doença mental; internamento psiquiátrico; involuntary hospitalization; involuntary treatment; Mental Health Law; involuntary outpatient treatment; mental illness; psychiatric hospitalization; Direito

In Portugal involuntary hospitalization is regulated by Law n. 36/98, July 24th, usually designated as Mental Health Law. Despite having established an important landmark for the rights of people who are deprived from liberty for the administration of necessary treatment, resting that decision on the combination of both clinical and normative premises and on the participation of psychiatrists and courts, listing the rights that they may benefit from along the procedure and foreseeing the possibility for outpatient treatment in exchange for involuntary hospitalization, there is still vital space to entrench the protection granted to them. Furthermore, it consecrates fundamental criteria for its implementation through vague and undetermined concepts throughout, which significantly impairs its practical enforcement as well as the respect for those rights. In this dissertation, while highlighting these needed changes and gaps to be filled (on the prerequisites, the proceedings, the statute of rights and the extent of outpatient treatment), some guidelines are presented so that its most correct interpretation can prevail, honouring the principles that shape it, without neglecting the letter of the law that it stands on, so that all its virtues may be brought to light.