JUSTICE, MENTAL HEALTH AND HUMAN RIGHTS: THE INSTITUTIONAL RESPONSE TO THE CASE OF XIMENES LOPES VS. BRAZIL OF THE IACHR COURT

Abstract

This article analyzes the trajectory of the anti-asylum movement in Brazil and worldwide, with an emphasis on the impact of the Damião Ximenes Lopes v. Brazil case, tried by the Inter-American Court of Human Rights, as a landmark in the consolidation of Brazilian psychiatric reform. Using a historical-normative approach, the text discusses the evolution of mental health care practices, the enactment of Law No. 10.216/2001, and the institutionalization of the Anti-Asylum Policy within the Judiciary, particularly through CNJ Resolution No. 487/2023. The article highlights the role of the National Council of Justice (CNJ) and the Court of Justice of the State of Paraná (TJPR) in implementing public policies aimed at deinstitutionalization and promoting the rights of people with mental illness. The article highlights the importance of inter-institutional coordination, ongoing training, and qualified listening for the implementation of a new paradigm of justice and care in freedom.