Autor/es
Descripción
ver mas
Colaborador
Bianchi, Eugenia
Salerno, Gustavo
Idioma
spa
Extent
220 p.
Derechos
info:eu-repo/semantics/openAccess
Atribución-NoComercial-SinDerivadas 2.0 Genérica (CC BY-NC-ND 2.0)
Formato
application/pdf
Identificador
Cobertura
1019740
Mar del Plata (inhabited place)
2000-2019
Abstract
This thesis analyzes the experiences and trajectories involved in the judicialization of mental health nowadays. The judicialization of mental health is a topic covered in social research, but there is a lack of studies focused on the point of view of those who experiment the institutional processes and carry the statements that give their name to the court dockets.
In Argentina, people who receive a psychiatric diagnosis can be involved in the judicial process of restriction of legal capacity. When that happens, they go through medical and legal institutions for a indefinite period of time. This thesis analyzes the social, therapeutic and legal experiences, derived from this pilgrimage, through four major topics: the legal perspective about the legal capacity, the meanings and experiences in relation to the psychic suffering, the experiences and trajectories in the legal field, their everyday life, considering institutional journeys, therapeutic activities and forms of sociability.
The thesis follows a qualitative research design, which stipulated the conduct of semistructured interviews to both male and female people represented by the Curaduría Oficial (Mar del Plata), with ambulatory treatment, and the analysis of court dockets in the same institution. In addition, interviews were conducted to people who work in the legal field.
For the treatment of both primary and secondary sources, I have based myself on the qualitative analysis of data from the grounded theory, an analytical perspective that coincides with the interpretative character of the research process in which the thesis is sustained, interested in the comprehension of the events and meanings that actors give to their actions and experiences.
On the basis of the analysis of the court dockets, I built categories about the cases referenced in the documents and represented by the Curaduría Oficial, including the circumstances of the judgment, the practice derived from the judgment, the references to daily life in the court dockets, the references to the autonomy and social relations of the person concerned.
By means of the material obtained through the interviews, I delineated three topics. 1) The scheme of the psychic suffering. 2) The institutional trajectories: decisions in the treatment, forms of control throughout the journeys, meanings related to the diagnosis and the judgment, and restitution of the legal capacity. 3) Daily life: pilgrimage through institutions, meanings of the suffering in daily life, medication, prescription of behaviors and regulation of the relations.
In addition, the analysis of the interviews to professionals of the Court System led to the building of analytical categories that allowed linking the concrete practices of the court system, experienced by the interviewed, with the legal changes that occurred on a wider level of the mental health field.
The results include that:
- Throughout the institutional trajectories that implies the judicialization, people comply therapeutic, social and bureaucratic guidelines, which shape their senses, practices, aspirations and decisions. All of this converge in the moral configuration of the judicialized people based on the feedback of diagnosis, judgments and rights.
-The prescription of behaviors, treatments and bonds in daily life, far from looking for a cure, is related to the management of chronicity in the outpatient field. In a wider framework of normalization processes of the 21st century, reflects the renewal or dissolution of categorical ifferences between the normal and the pathological.
- For the exercise of rights, social identities are imposed as the legal and diagnostic categories recognized inside the court system, and are based on their expectations and definitions. The administrative network of certificates, diagnoses, judgment and exercise of rights makes the medical-juridical link and the setting of normality limits visible.
- One of the forms in which the exercise of power goes through the judicialization of mental health is observed in the relation among the Court System, their officers and the people represented. This relation rests in the technicalities and investiture of the professionals and in the use of legal language in the written documents.
- The bureaucratization, experienced by a person with psychic suffering to access a right, hamper the implementation of support systems as the existing laws impose. Proof of this is the incongruence between legal times and the urgency of the exercise of right of the judicialized people.
- The meanings and procedures of the judicial officers, regardless of the type of judgment, are based in criteria outlined inside each legal institution focused on the judicialized person: clinical diagnoses combined with moral, economical-labour and bonding criteria.
- The effects of judicialization, as social and institutional trajectories, are extended to the whole social field of the person. This occurs through the perpetuation of: institutional, bureaucratic and therapeutic processes and routine ways of self-government derived from the custom modeling.
- This exercise of power expanded in the completely institutional machinery produces the feeling of permanent surveillance through the outpatient monitoring happened in the institutional journeys along daily life.
In Argentina, people who receive a psychiatric diagnosis can be involved in the judicial process of restriction of legal capacity. When that happens, they go through medical and legal institutions for a indefinite period of time. This thesis analyzes the social, therapeutic and legal experiences, derived from this pilgrimage, through four major topics: the legal perspective about the legal capacity, the meanings and experiences in relation to the psychic suffering, the experiences and trajectories in the legal field, their everyday life, considering institutional journeys, therapeutic activities and forms of sociability.
The thesis follows a qualitative research design, which stipulated the conduct of semistructured interviews to both male and female people represented by the Curaduría Oficial (Mar del Plata), with ambulatory treatment, and the analysis of court dockets in the same institution. In addition, interviews were conducted to people who work in the legal field.
For the treatment of both primary and secondary sources, I have based myself on the qualitative analysis of data from the grounded theory, an analytical perspective that coincides with the interpretative character of the research process in which the thesis is sustained, interested in the comprehension of the events and meanings that actors give to their actions and experiences.
On the basis of the analysis of the court dockets, I built categories about the cases referenced in the documents and represented by the Curaduría Oficial, including the circumstances of the judgment, the practice derived from the judgment, the references to daily life in the court dockets, the references to the autonomy and social relations of the person concerned.
By means of the material obtained through the interviews, I delineated three topics. 1) The scheme of the psychic suffering. 2) The institutional trajectories: decisions in the treatment, forms of control throughout the journeys, meanings related to the diagnosis and the judgment, and restitution of the legal capacity. 3) Daily life: pilgrimage through institutions, meanings of the suffering in daily life, medication, prescription of behaviors and regulation of the relations.
In addition, the analysis of the interviews to professionals of the Court System led to the building of analytical categories that allowed linking the concrete practices of the court system, experienced by the interviewed, with the legal changes that occurred on a wider level of the mental health field.
The results include that:
- Throughout the institutional trajectories that implies the judicialization, people comply therapeutic, social and bureaucratic guidelines, which shape their senses, practices, aspirations and decisions. All of this converge in the moral configuration of the judicialized people based on the feedback of diagnosis, judgments and rights.
-The prescription of behaviors, treatments and bonds in daily life, far from looking for a cure, is related to the management of chronicity in the outpatient field. In a wider framework of normalization processes of the 21st century, reflects the renewal or dissolution of categorical ifferences between the normal and the pathological.
- For the exercise of rights, social identities are imposed as the legal and diagnostic categories recognized inside the court system, and are based on their expectations and definitions. The administrative network of certificates, diagnoses, judgment and exercise of rights makes the medical-juridical link and the setting of normality limits visible.
- One of the forms in which the exercise of power goes through the judicialization of mental health is observed in the relation among the Court System, their officers and the people represented. This relation rests in the technicalities and investiture of the professionals and in the use of legal language in the written documents.
- The bureaucratization, experienced by a person with psychic suffering to access a right, hamper the implementation of support systems as the existing laws impose. Proof of this is the incongruence between legal times and the urgency of the exercise of right of the judicialized people.
- The meanings and procedures of the judicial officers, regardless of the type of judgment, are based in criteria outlined inside each legal institution focused on the judicialized person: clinical diagnoses combined with moral, economical-labour and bonding criteria.
- The effects of judicialization, as social and institutional trajectories, are extended to the whole social field of the person. This occurs through the perpetuation of: institutional, bureaucratic and therapeutic processes and routine ways of self-government derived from the custom modeling.
- This exercise of power expanded in the completely institutional machinery produces the feeling of permanent surveillance through the outpatient monitoring happened in the institutional journeys along daily life.
Título obtenido
Doctora de la Universidad de Buenos Aires en Ciencias Sociales
Institución otorgante
Universidad de Buenos Aires. Facultad de Ciencias Sociales