A (des)construção do meio ambiente manicomial judiciário: análise da enfermaria psiquiátrica (do amazonas) diante da (des)institucionalização da interface alienista-jurídica

Abstract

The research examined the environmental conditions of the Psychiatric Ward that operates as a Custody and Psychiatric Treatment Hospital in the state of Amazonas. The main objective was to discuss whether these conditions are in accordance with the standards for the protection of people with mental disabilities, as well as with the right to a balanced environment as an essential factor for the well-being and quality of health and human life with dignity. The research adopted a critical approach to the hospital-centered model, relying fundamentally on the anti-asylum paradigm and other guidelines specific to Law No. 10,216/2001, as a legal instrument that is part of institutionalized public policy and a central element of the differential psychosocial protection system. In addition to this, the discussions were based on other internal and international standards and norms that recognize the rights of people with mental suffering, with the perspective of analysis focused especially on those who, in addition to the mental disorder, are subject to confinement through compulsory criminal internment. Due to the dialogicity established between such sources, they constitute the densification of constitutional commands as emanating from the current legal order, especially those values linked to the foundations and objectives of the Republic and fundamental human rights, including environmental protection. The work also explored the contradiction between the practices in the security measures regime and the constitutional principles that prohibit punishments without guilt, perpetuating the “improper conviction” of people considered “insane offenders” and, as a result, destined for the asylum environment. Given the complexity of the subject submitted to the investigation, an approach based on the sociological-legal approach was required. Thus, to conduct the research of a predominantly qualitative nature, the theoretical-exploratory method was used in conjunction with the empirical method. Initially, the theoretical and interdisciplinary investigative process was used, involving several fields of knowledge, which aimed to allow the assimilation of the differentiated stigma that weighs on the "insane offender" and also to delve into the specific objectives proposed for the work: to understand the historical-cultural plot of madness and the transactional context for its appropriation by Psychiatry and Criminal Law; to analyze the itinerary of the respective legal regimes affecting the "insane criminal" in Brazil over time, and which led to the creation and establishment of the forensic asylum; and to investigate the emergence of the anti-asylum movement and its respective normative and practical implications for the forensic asylum environment. Next, the empirical approach was used as the appropriate one for investigating the conditions of the forensic asylum environment in question. From there, under examination of dialogical-deductive reasoning, it was investigated whether they were in accordance with the norms that protect people with mental disabilities, informed by the fundamental right to a balanced environment as an essential factor for quality of life. From all the material evidence extracted from the sources consulted, it was concluded that the context of the continued existence and operation of the Psychiatric Ward constitutes, day after day, the extension of a framework of constant illegality, given that the State does not provide the interned citizens with both the state benefits related to the fundamental rights inherent in the specific legal protection of psychosocial assistance, as well as those arising from the duty to ensure an artificial environment with characteristics necessary for well-being and a healthy quality of life.