Medidas judiciais atinentes à atenção em saúde mental de adolescentes em conflito com a lei

Abstract

This research consists of a documental approach performed in the Court for Minors of São Paulo. It includes the judiciary decisions related to the process of forwarding children and teenagers that are users of psychoactive substances for their treatment in the mental health system. This study analyzes the orientation of judicial decisions by their relation to the model of care adopted in real cases. Here, two models are discussed: the psychiatric classic model and the model of care proposed by the psychiatric reform. The results revealed that, in advance, there are not specific orientations that define the health assistance given to children and teenagers. Thus, two conditions for determining the mental health paradigm that is adopted in judiciary decisions are needed: first, an evaluation of the territorial sphere of the patients and second, the knowledge of the specific mental health service that has been indicated for the treatment.