Resumo

VELA AVALOS, Marcos Antonio. Mental Health as a Fundamental Right: Status, Judicial Positions and Reinforced Jurisdictional Guarantees. Opin. jurid. [online]. 2022, vol.21, n.44, pp.80-102.  Epub 19-Mar-2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n44a5.

This article aims towards giving an account of the status of a fundamental right possessed by mental health, its main judicial positions and jurisdictional reinforced guarantees with which it counts. For that, the articles taks as reference the constitutions of several Latin-American countries. A bibliographical research was performed that consisted of collecting data, creating files, systematization of the information and formulation of results. After this, the study was able to assert that mental health is a fundamental right to which some defense and performance positions can be ascribed, and has guarantees such as the aid and the corrective habeas corpus. Basically, the study concluded that its fundamental character is held upon its recognition in the constitutional texts and its link with the satisfaction of the basic needs of the person. Furthermore, it admits exercise modes that impose obligations that, if not fulfilled, might be demanded in the constitutional headquarters.

Palavras-chave : Constitution; constitutional right; fundamental rights; guarantees; mental health.

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