Ser mulher e estar no hospital de custódia e tratamento psiquiátrico: a invisibilidade visível do gênero feminino

Abstract

The first judicial mental hospital of Brazil was built in Rio de Janeiro in 1919; It was inaugurated in 1921, though. Men and women stayed all together. It has been changed in 1988 when the 5th section, XLVIII, of Constituition determines that the sentence must be served in different establishments, according to the nature of the crime, the age and the sex of the convict. Even with these normative changes and some advances in practice, women in security measures are still denied their human rights because they are accused of trying to be privileged in the system. In order to understand this stigma surrounding women serving a security measure, the general aim of this study is to analyze the place assigned to women in the Brazilian criminal prison policy related to mental health care. The specific objectives are to contextualize historically the consolidation of the Hospital for Custody and Psychiatric Treatment (HCTP) in Brazil; to identify in the scope of the National Council of Criminal and Penitentiary Policy (CNPCP). In addition, the National Council of Justice (CNJ) the norms related to HCTP and security measures; to analyze if and how women are mentioned in the referred norms, having in mind the specificities related to mental health care of this subalternized group. The justification for choosing this research object is that the stigmatization of women in mental distress in conflict with the law is based on the absence of human rights precisely, because these women are considered the invisible ones. Therefore, promoting research with this object is a way to make them visible and even stimulate other students in academia to research about and add knowledge. The methodology used to produce this research was qualitative, through a bibliographical survey of works related to the theme, as well as an analysis of the feminine condition in the legal norms surrounding custodial and psychiatric hospitals in Brazil. With this research we reached the result that the group of women who serve a security measure is very small, even so we cannot, under any hypothesis, keep them in this invisible status of the invisible ones, because when it comes to human beings, no one is invisible, and when we extend to them specific legislations, under no hypothesis do we try to privilege them.