Da (im)possibilidade da esterilização do doente mental à luz do estatuto da pessoa com deficiência

• Main Author: Generoso, Fábia Sérgio
• Publication Date: 2017
• Format: Bachelor thesis
• Language: por
• Source: Repositório Universitário da Ânima (RUNA)
• Download full: https://repositorio.animaeducacao.com.br/handle/ANIMA/7529
• topic: Estatuto da Pessoa com Deficiência; Esterilização compulsória; Doente mental; Tomada de decisão apoiada

The present this essay was conducted through bibliographical and documentary research, focusing on the changes caused by the Statute of the Person with Disabilities. The basic question to develop this research was: is there a possibility of compulsory sterilization of the mental patient with the advent of the new Law no. 13,146 / 2015? The general objective was to seek to frame the mentally ill in the rights and guarantees provided in the Statute, explaining the changes that this brought to the capacity regime and how this change reflected in compulsory sterilization, while the specific objectives were to understand how forced sterilization was used, what its social context and if while it lasted it was beneficial to the patient. The present paper has made it clear that deficiencies have always existed in the world and that patients have not always been treated as human, and the search for their rights accompanies history. In the legal system, it became clear that compulsory sterilization was used more as a form of protection against families than for the patients themselves. And, as a result, the Statute guaranteed autonomy to those who were previously considered incapable. In this study, the present work allowed to understand the changes caused in the legislation that reverted its attention to the patient and no longer to the disease. Guaranteeing the patient autonomy over their sexual and reproductive rights and preserving their fertility, legally prohibiting their compulsory sterilization.