State Intervention through Non-Consensual Medical Treatment to People with Mental Disorders

Abstract

The Statute for the Person with Disability, by changing the civil capacity system and establishing an inclusive dynamic for people with disabilities, valuing the human being in their autonomy, required authorization from the person with a disability for treatments and hospitalization, with exceptions to emergency measures. The human mind has specificities, and some people may not have the autonomy necessary to perform acts in civil life, as considered an interface with psychiatry, and it includes the context of awareness in relation to the need for treatment to preserve their own life. The idea of violation of freedom and aggression to human dignity is upheld, while mandatory treatment is also defended as a necessary means of preserving life as well as physical and mental health of people with mental disorders. The purpose of this paper, the outcome of an exploratory and descriptive study, with a qualitative approach and deductive method, through bibliographical research, is to evaluate the possibility of State intervention in freedom, under the condition of compliance with the burden of justification, suggesting the proportionality as a legitimizing methodological criterion for State acts to be implemented in favor of respect and protection for the fundamental rights of people with mental disorders.