A pessoa com deficiência mental no brasil e o cumprimento das diretrizes da Corte Interamericana de Direitos Humanos e do objetivo do desenvolvimento sustentável 3 da ONU

Abstract

The purpose of this article is to demonstrate how Brazil face the mentally handicapped, who need more attention to enter society, exercise their main rights, such as obtaining quality treatments and mental health. In order to do so, the work points out - through bibliographical and jurisprudential research - the breaking of prejudice towards the disabled, rights acquired over the years at the international and national level. Is used the jurisprudence of the Inter-American Court of Human Rights, selecting the case of Damião Ximenes Lopes vs. Brazil, and the SDS 3 to demonstrate the situation of such a group within the Brazilian territory. From the legal analyses, even if there i s order in its respect, as internal legislation and international legislation, it is not sufficiently effective to ensure access to adequate treatment. It is concluded that Brazil does not give due attention to such problem in society, having several omissions to assist the focus group, making it impossible to improve the opportunity for treatment and its stagnation, and should form strategies to give better health conditions and rights to them, along with the fulfillment of the sentence in its entirety, thus making effective the real rights of the mentally disabled.