First observations and critical review of the draft “Law establishing the Comprehensive Mental Health Law”

Abstract

The purpose of this article is to provide a dogmatic analysis of the Draft Law establishing the Comprehensive Mental Health Law (2024), sent by the Executive to Congress. Three errors of form were detected, as well as drafting errors, in addition to, and from a legal critique, five content problems. It is concluded that the content problems are not trivial, since the conception of people with mental health conditions a) is viewed from a “paradigm of pathology”, and not from a “paradigm of diversity”; b) an erroneous or incomplete understanding of ecology, regarding this type of people in relation to the environment; c) that some provisions are in opposition to civil liberties and human rights, contributing to the construction of a totalitarian State and, therefore, a police State, and; d) a programming of absence of submission to the law of a part of the State apparatus. For this reason, the necessary modification of the analyzed aspects is recommended, if this project is to be discussed in Congress.