Direitos das pessoas com transtorno mental: o hospital psiquiátrico Dr. Milton Marinho e a possível violação de direitos humanos

Abstract

From the normative point of view, psychiatric reform in Brazil occurred with the advent of Law 10.216 / 2001, which deals with the protection of people with mental disorders and redirects the area's assistance model - although the 1988 Constitution had already accepted the health concept of the World Health Organization (WHO) as being the complete physical, mental and spiritual well-being of the human person. This paradigm shift meant an advance in the protection of mental health and provided a formal and material extension of the normative force of such right. On the other hand, the human rights commission of the Federal Council of Psychology (CFP) and Federal Council of the Brazilian Lawyers Association (OAB) proposed to the Ministry of Health immediate intervention in these establishments, which resulted in the closing of several of them. The purpose of this article is to analyze the changes brought about by the Psychiatric Reform Law (Law no. 10.216 / 2001), and specifically investigate the occurrence of the closure of the Dr. Milton Marinho Psychiatric Hospital, located in the Municipality of Caicó, State of Rio Grande do Norte, in the year 2006. The research was developed from the following hypothesis: "the death of inmates, occurred in this psychiatric establishment, constitutes violation of human rights?". Upon verification of the results, these facts may be referred to the Inter-American Commission on Human Rights.