From disassistance to the conquest of rights: brief approach to brazilian legislation on people with mental suffering

• Autor(a) principal: Mathias, Thainá Carolina
• Data de Publicação: 2021
• Outros Autores: Taporosky Filho, Paulo Silas
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13949
• topic: Sofrimento mental. Reforma psiquiátrica. Legislação brasileira.; Mental suffering. Psychiatric reform. Brazilian legislation.

OBJECTIVE: The purpose of this article is to identify in the main Brazilian federal laws the way of treating people with mental suffering to verify whether there has been an evolution in assistance since the first laws on the subject. METHOD: The approach method used was inductive and organized the data in three periods: Colonial Brazil, Imperial Brazil, and the Brazil Republic - data collected by bibliographic review. RELEVANCE / ORIGINALITY: In this research we have a detailed analysis of the Brazilian legislative evolution concerning the State's dealings with people with mental suffering, precisely in this point the relevance of the article, since the approach extends from the colonial period to the present, making it possible to draw a comparison of progress to dealing with the topic. RESULTS: The conclusion is that during the first two periods of history and part of Brazil Republic the treatment of the person with mental suffering was marked by exclusion, absence of rights, and deprivation of liberty. However, the Psychiatric Reform Movement and Bill 3.657/1989 influenced the proposition of a new model of assistance and, despite the denial of the initial bill, culminated in the approval of Law 10.216/2001. THEORETICAL / METHODOLOGICAL CONTRIBUTIONS: Known as the Psychiatric Reform Law, the legislation started to provide for rights and changed the treatment and the way of insertion of these people in society through the Centers for Psychosocial Care (CAPS) and Residential Therapeutic Services (RAPS).