Caso Ximenes Lopes, uma morte anunciada? o tratamento de saúde mental no Brasil e a garantia dos direitos humanos e fundamentais

Abstract

The present work's theme is mental health treatment and the guarantee of human and fundamental rights in Brazil, from the arrival of the royal family in Brazil until Brazil's first conviction by the Inter-American Court of Human Rights, with an emphasis on the case study Ximenes Lopes. Thus, the time frame studied in the work will be from the year 1808 to 2006. In this area, the following research problem arose: Considering the Federal Constitution, as well as the American Convention on Human Rights, to which Brazil is a signatory, to what extent Were the human rights and fundamental rights guaranteed in these documents observed in mental health treatments in Brazil in general and, more specifically, in the Ximenes Lopes case? The original research hypothesis points out that in the period analyzed, mental health treatments in Brazil were subject to violation of numerous human and fundamental rights, despite already being guaranteed by Treaties and Conventions to which Brazil is a signatory, as well as the Constitution. The research applied the deductive method, through exploratory research, with bibliographic and documentary research techniques. From a historical and legal approach to mental health treatments, as well as human and fundamental rights, and specifically, the study of the Ximenes Lopes case, it was possible to verify the research results that indicate that human and fundamental rights were not observed in mental health treatments, both due to the asylum nature, and also due to the reality of mistreatment, violence and degrading conditions in institutions.