The indigenous and the mad: about guardianship, recognition of rights and challenges for the realization of citizenship in the field of mental health

Authors

  • Andréa Borghi Moreira Jacinto Brasil. Ministério da Saúde
  • Daniel Adolpho Daltin Assis Brasil. Ministério da Saúde. Secretaria Especial de Saúde Indígena
  • Pedro de Lemos MacDowell Brasil. Ministério da Saúde. Secretaria Especial de Saúde Indígena
  • Taia Duarte Mota Brasil. Ministério da Saúde

DOI:

https://doi.org/10.11606/issn.2316-9044.v19i2p14-35

Keywords:

Health law, Indigenous law, Mental health, Public health

Abstract

The article proposes a reflection on the construction of public policies in Brazil, based on the recognition of difference, from the perspective of two segments with distinct political and social histories – indigenous people and people with mental disorders. Both groups faced the same condition: they have been excluded as citizens for a long time, because of differences and, on the name of which, endure up to this day, extreme situations of violation of rights. The purpose of this paper is to develop a brief parallel on the process of recognition of the rights ofindigenous people and, at the same time, the recognition of the rights of people with mental disorders, both made possible by the  promulgation of the Federal Constitution of 1988. The analyses has as parameter the guardianship rules previously in force in Brazil, which affected these two social segments in a particular way, leaving cultural and ideological marks that continue to be confronted for the effectiveness and consolidation of the new rights. Treated as quite different and specific political and identity spheres, the parallels observed between the spheres of indigenous rights and mental health reveal similar stories, both regarding violations of rights, as well as the confrontation with normalization and stigmatization of diversity. Ultimately, they are parallels that say about distinct social movements, but which
reveal similar efforts in the struggle for the construction and affirmation of a citizenship based on the recognition of plurality.

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Author Biographies

  • Andréa Borghi Moreira Jacinto, Brasil. Ministério da Saúde

    Doctor in Anthropology by Universidade de Brasília; Master in Social Anthropology by Universidade Estadual de Campinas; Graduate in Social Sciences by Universidade Estadual de Campinas. Social Policy Technical Analyst at the General Coordination of Mental Health, Alcohol and Other Drugs of the Ministry of Health. Brasília/DF, Brazil. 

  • Daniel Adolpho Daltin Assis, Brasil. Ministério da Saúde. Secretaria Especial de Saúde Indígena

    Master student in the Human Rights Postgraduate Program at Universidade Federal da Paraíba; Master Professional on Adolescents in Conflict with the Law by Universidade Bandeirantes/Anhanguera; Health Care Networks Management Specialist by Fundação Oswaldo Cruz/Ministry of Health; Graduate in Law by Universidade Católica de São Paulo. Social Policy Technical Analyst at Potiguara Indigenous Special Health District, Special Secretary of Indigenous Health of the Health Ministry. João Pessoa/PB, Brazil.  

  • Pedro de Lemos MacDowell, Brasil. Ministério da Saúde. Secretaria Especial de Saúde Indígena

    Master in Social Anthropology by Universidade de Brasília (UNB); Mental Health, Alcohol and Other Drugs Specialist by UNB; Graduate in Social Sciences by UNB. Social Policy Technical Analyst at Guamá-Tocantins Indigenous Special Health District, Special Secretary of Indigenous Health of the Health Ministry. Belém/PA, Brazil.

  • Taia Duarte Mota, Brasil. Ministério da Saúde

    Master in Nursing by Universidade de São Paulo (USP); Graduate in Nursing by USP. Social Policy Technical Analyst at the General Coordination of Mental Health, Alcohol and Other Drugs of the Ministry of Health. Brasília/DF, Brazil.

Published

12/11/2018

Issue

Section

Original Articles

How to Cite

Jacinto, A. B. M., Assis, D. A. D., MacDowell, P. de L., & Mota, T. D. (2018). The indigenous and the mad: about guardianship, recognition of rights and challenges for the realization of citizenship in the field of mental health. Journal of Health Law, 19(2), 14-35. https://doi.org/10.11606/issn.2316-9044.v19i2p14-35