Uma análise do caso Damião Ximenes Lopes sob a ótica da dignidade da pessoa humana no tratamento de pacientes psiquiátricos no Brasil

Abstract

This paper aims to analyze the principle of human dignity as a right for all, guaranteed in national and international legislation. It also analyzes how such principle favors the right to health and is consolidated in the Unified Health System (Sistema Único de Saúde - SUS), highlighting the model of psychiatric treatment before and after the Psychiatric Reform. We also verify how international law behaves in order to guarantee that the right to human dignity and human rights are respected by the State, analyzing the Inter-American System of Human Rights, as well as its own Convention, Commission and Court, while also going through State responsibility in cases of violation of any of the human rights. Finally, we analyze the case of the psychiatric patient Damião Ximenes Lopes, whose death at the Casa de Repouso Guararapes had international repercussions at the Inter-American Court of Human Rights, culminating in the first condemnation of Brazil.