Habeas corpus: supervisory mechanism of involuntary commitment

Morais, Sofia; Colón, Máximo Fernandez

http://hdl.handle.net/10400.26/37541

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Authors

Morais, Sofia

Colón, Máximo Fernandez

Abstract(s)

Habeas corpus is a measure available to any citizen in the enjoyment of their political rights, and to patients with psychiatric illness, who may request it to the court of the area in which the patient is detained. This procedure aims to put an end to illegal deprivation of freedom, and it includes two types of habeas corpus: preventive and liberatory. Habeas corpus and the appeal of the decision are two supervisory mechanisms of involuntary commitment, which is regulated by the Portuguese Mental Health Act. This article provides a brief description of the provisions and mechanisms regarding the application of involuntary commitment, as well as its supervisory mechanisms. In the clinical psychiatric evaluation conducted, it was concluded that the provisions for the commitment and involuntary treatment were not fulfilled. In summary, it is worth noting the existence of two supervisory mechanisms of involuntary commitment – appeal of the decision and habeas corpus, essential for ensuring the rights of citizens.