ENTRE AS BRECHAS DA LEI: UMA ANÁLISE DAS INTERNAÇÕES COMPULSÓRIAS E INVOLUNTÁRIAS ENCAMINHADAS PELO SISTEMA DE JUSTICA PARAIBANO NO ANO DE 2018

Abstract

This study seeks to analyze the reasons and discursive logic present in the decisions of the Justice System of Paraiba which forwards for compulsory or involuntary hospitalization in the Juliano Moreira Psychiatric Complex (CPJM), from January to June 2018, people in mental distress and drug users and dependents. This research is the result of the work of the Research and Extension Group “Loucura e Cidadania (LouCid/UFPB)” through a Scientific Initiation Project (PIBIC) that aimed to collect data in the archives of the referred psychiatric hospital to understand this problem. For the preparation of this final course work, LouCid / UFPB made available the data of the year 2018. The objective is to analyze whether there is excessive trivialization or judicialization of these compulsory and involuntary hospitalizations, contraring the guidelines of the Psychiatric Reform Law, in addition to understanding whether there are use of psychiatric hospitalizations as a way of isolating these people. A qualitative research is then carried out, with a bibliographic review together with a content analysis. To this end, documentary research was carried out, based on legal instruments on the protection and defense of human rights in this social segment, mainly the Federal Constitution of 1988 and Law No. 10.216 / 2001 (Law on Psychiatric Reform). Hereafter, there is a systematization of the data collected in the period from January to June 2018, highlighting the profile of the psychiatric hospitalizations in order that, finally, implement a qualitative and interpretative analysis of the legal arguments used to support the referral. Before the analysed, it was checked that the speeches given by the agents of the Justice System, sometimes, do not adhere to the precepts of the legislation in mental health and to the legal system as a whole, as in the case of hospitalizations maintained without the presence of a medical report; it was also found that the majority of cases are based on regulations that strengthen arguments about social hazard; in addition to the existence of decisions which forward to psychiatric hospitalization without legal basis. It is concluded, therefore, that the measures of the Justice System to refer people in mental suffering and drug users and dependents to CPJM, in addition to disregarding the normative instruments, especially the ones which regard to the guaranteeing care in the Health Network. Psychosocial Care (RAPS), deepening the segregation and stigmatization of these individuals