“Não converso com demente” Intersecções entre direito e saúde mental: uma análise de enunciados que compõem processos judiciais envolvendo usuários do CAPS Cataguases - MG

Abstract

The research presented in this Master dissertation proposes a discourse analysis of enunciations regarding judicial processes involving users of Centro de Atenção Psicossocial (CAPS) Casa dos Amigos, from Cataguases (MG). It is a Social Psychology reasearch that aims at establishing intersections between justice and mental health, with the main purpose of analyzing enunciations of civil and criminal judicial processes involving people users of that CAPS, discussing the subject position assigned to them in the discourse of justice, through dispostifs of knowledge/power. Also, the research aims at investigating how the relation among guardianship, nonimputability and citizenship is processed and to which enunciations a diagnosis of mental disorder can be associated and/or articulated in a judicial process. The method was documental research of judicial processes definitively archived belonging to the city court of Cataguases (MG). The information collected in the documents was analyzed through Michel Foucault’s discourse analyses, that allows us to affirm that legal discourse designates derogatory subjective positions to people with mental disorders, supported by medical knowledge/power dispositifs, psychiatric fundamentally, to enunciate truths about them. The Judiciary Power establishes an ambiguous game of protection/subjugation with people with mental disorders, either through legislation or through the enunciations of the operators of law. Docilization of bodies is a mechanism of the disciplinary power exercised by the Judiciary Power, as well as normalization is a mechanism present in medical-legal examinations. Citizenship, regarding as rights as duties, is denied by the process of interdiction and guardianship and also relativized when semi-inimputability is enacted, due to a mental disorder diagnosis. There is a gap between Civil and Criminal Codes and Civil Procedure and Criminal Procedure Codes and the assumptions of the “Psychiatric Reform”, present in specific legislation, which contributes to such a scenario.