The decision meets the request of the psychologist Rozangela Alves Justino in an open suit against the Federal Council of Psychology, which applied a censorship to the professional for offering therapy to their patientsThe federal judge of the 14th Federal District Court Waldemar Cláudio de Carvalho granted an injunction that opens a gap for psychologists to offer the therapy of sexual reversion, known as 'gay cure', treatment prohibited by the Federal Council of Psychology since 1999. The decision attends the request of the psychologist Rozangela Alves Justino in open process against the collegiate, that applied a censorship to the professional for offering therapy to their patients. According to Rozângela and other psychologists who support the practice, Resolution C.F.P. restricted scientific freedom.
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"Therefore, I am in part to uphold the injunction required, without suspending the effects of Resolution No. 001/1990, to order the Federal Psychological Council not to interpret it in order to prevent psychologists from promoting studies or professional reserved for sexual orientation, thus guaranteeing them full scientific freedom on the subject, without any censorship or need for prior permission by the PIC, due to the provisions of art. 5th. subsection IX, of the 1988 Constitution, "notes the magistrate.
Standard. According to Resolution 001/1999 of the Federal Council of Psychology, "psychologists will not take any action that favors the pathologization of homoerotic behaviors or practices, nor will they adopt coercive action tending to guide homosexuals for unsolicited treatments." "Psychologists will not exercise with events and services that propose treatment and cure of homosexuality." The plaintiffs, who support the treatment of sexual reversal, called for the rule to be considered unconstitutional for allegedly 'restricting' scientific freedom.
"In order to interpret the said rule in accordance with the Constitution, the best hermeneutics to be given to that resolution must be that it does not prove the psychologist to study or attend to those who voluntarily come for guidance about their sexuality , without any form of censorship bias or discrimination. Also because the theme is complex and requires scientific deepening necessary, "noted the magistrate, in minutes of hearing on September 15.
The magistrate did not consider the rule prohibiting gay cure as unconstitutional, but said he understood that professionals can not be censored for providing care.
"As you can see, the rule in question, in general terms, does not offend the major principles of the Constitution. Only some of its devices, when and if misinterpreted, can lead to the mistaken hermeneutics in the sense that it is considered forbidden to the psychologist to perform any study or care related to sexual orientation or reorientation. I say this because the Constitution, through the aforementioned constitutional principles, guarantees scientific freedom as well as the full realization of the dignity of the human person, including the aspect of their sexuality, values that can not be disregarded by an infraconstitutional normative act, in this case, a resolution issued by the CFP, "the judge explained.
Authors. In granting the injunction, the magistrate still allows the psychologists who are the authors of the action to return to the therapy of (re) sexual orientation. "The danger of delay is also present, since, despite the contested act dating back to the 1990s, the authors are unable to conduct or promote scientific studies on (re-) sexual orientation, which interested in this type of psychological assistance ".
The Federal Council of Psychology (CFP) punished, with public censorship, in 2009, the Rio de Janeiro psychologist Rosângela Alves Justino, who offered therapy to 'cure' male and female homosexuality.
According to the college, she violated the resolution of the Federal Council of Psychology of March 22, 1999, in which the organization says that homosexuality "is not disease, nor disorder nor perversion."
The CFP maintained, in that year, the punishment that had been applied to the psychologist by the Regional Council of Psychology of Rio de Janeiro.
With the injunction, the doctor obtained a favorable opinion of the Justice to provide the treatment.
WITH THE WORD, THE FEDERAL COUNCIL OF PSYCHOLOGY
The Federal Court of the Judiciary Section of the Federal District partially complied with the injunction in a popular action against Resolution 01/99 of the Federal Counsel of Psychology (CFP) that guides professionals in the area to act on issues related to sexual orientation. The injunction, handed down on Friday (15/9), opens the dangerous possibility of using sexual reversal therapies.
The action was moved by a group of psychologists (the) defenders of this practice, which represents a violation of human rights and has no scientific basis.
At the prior justification hearing to analyze the injunction request, the Federal Council of Psychology opposed the action, presenting legal, scientific and technical evidence that challenged the injunction. Representatives of the CFP stressed that homosexuality is not considered pathology, according to the World Health Organization (WHO) - understanding internationally. They also warned that sexual reversion therapies do not have a resolution, as studies carried out by the national and international scientific communities point out, besides causing sequels and aggravations to psychic suffering.
The CFP also recalled the positive impacts that Resolution 01/99 produces in confronting prejudice and protecting the rights of the LGBT population in the Brazilian social context, which presents high rates of violence and deaths due to LGBTophobia. He also demonstrated that there is no restriction of professional freedom and research in the area of sexuality arising from the presuppositions of the resolution.
The preliminary decision of federal judge Waldemar Cláudio de Carvalho maintains the full text of Resolution 01/99, but determines that the CFP interprets it in a way that does not prohibit psychologists from performing care seeking sexual reorientation. It also underscores the reserved nature of the service and prohibits advertising and publicity.
Interpretation - What is at stake is the weakening of Resolution 01/99 by the dispute over its interpretation, since until now other attempts to stop the norm, even by means of federal law, have not been successful. In this case, the Judiciary is mistaken in disregarding the ethical guiding principle of the resolution, which is to recognize non-heteronormative sexual orientations as legitimate without criminalizing or pathologizing them. The decision of the judge, using the psychiatric manuals, reintroduces the pathological perspective, hurting the heart of Resolution 01/99.
The Federal Council of Psychology informs that the process is in its initial phase and states that it will appeal the preliminary ruling, as well as will fight in all possible instances for the maintenance of Resolution 01/99, human reason in Brazil pride of defenders of rights.
source . http://politica.estadao.com.br
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