Appicable International Norms to the Functional Neuro-Sugery in Brazil

Abstract

The practice of functional neurosurgery for treatment of psychiatric disorders should only be considered under careful examination, because this is an intervention of a seemingly intact brain, by creating localized lesions placed in specific cerebral sites. The “Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care” of the United Nations, 1991 and the “Convention of Caracas”, 1990 both adopted in Brazil, by the Resolution n. 1.408/94, containing specific norms regulating the psychosurgery, removing it from an experimental condition. Psychosurgery is only possible if the patient provides their informed consent, verified by a board of specialists that are not involved with the current procedure. This body should agree and be satisfied that the proposed plan of treatment is in the best interest of the patient's health needs. Psychosurgery treatment is practiced and regulated in most countries. The norms that manage this treatment are predominantly based on ethical rather than legal foundations. We can conclude that in general these procedures will determine the path under which psychosurgery will be implemented, always protecting the patients human rights thus avoiding the undesirable use of political and social surgeries.