Se louco, incapaz? Caminhos para discutir o viver interditado.

Abstract

A civil interdiction and guardianship have undergone contemporary adaptations, stemming from the changes fostered by the New York Convention (2007), which encouraged member countries to promote autonomy practices through monitoring and support strategies. However, in Brazil, there is a tendency to maintain total guardianships, legitimizing absolute incapacity, heteronomy, and restricting the exercise of civil rights for these individuals. As a consequence, there is interference in the process of sociability and socialization, reducing them to psychiatric circuits. From this perspective, this research sought to analyze this phenomenon based on the discourse of individuals experiencing psychological distress, in situations of interdiction, as well as the guardians, the reference technicians from CAPS, the judges, and the experts (doctors, social workers, and psychologists), with the goal of analyzing the meanings, senses, and motivations for the civil interdiction and guardianship of individuals experiencing psychological distress. It is a qualitative research, based on multiple case studies, with a methodology grounded in Foucauldian productions to discuss power relations, control, and standardization imposed on the bodies of the 'mentally ill'. Data analysis was based on discourse and document analysis methodology (court documents and CAPS records of those involved). The results demonstrated the paradigmatic dispute of care assistance models - psychiatric and psychosocial attention - which impact therapeutic itineraries, the structure of the judiciary, the maintenance of control circuits over new discourses and new disguises, as well as revealing social vulnerability and fractures in the family care network. The meanings of interdiction sought to accelerate access to social benefits as a consequence of social vulnerability, chronicity, and psychological crisis. Conversely, the relativity of capacity was reflected, seeking to understand dysfunctionality, which highlighted the importance of stimulating autonomy and possible emancipation through the assistance services of CAPS, by experts, and by the current legal framework, through the promotion of monitoring and support practices, through the Supported Decision-Making (SDM) device.