Judge allows psychologists offer treatment 'gay cure’ patients

sex reversal therapy had been banned by the Federal Council of Psychology from 1999. Entity states that practice has no scientific basis and will appeal the decision.
18/09/2017 15h54 - Updated 19/09/2017 10h25
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The federal judge of the 14th Court of the Federal District Waldemar Cláudio de Carvalho granted an injunction that opens loophole for psychologists offer sex reversal therapy, known as 'gay cure', treatment prohibited by the Federal Council of Psychology from 1999. The decision meets the request of Rozangela Alves Justino psychologist open lawsuit against the college, imposing a censorship professional by offering therapy to their patients. According Rozangela and other psychologists who support the practice, the C.F.P resolution. restricted scientific freedom.

"Therefore, I grant, partly, the requested injunction, not suspend the effects of Resolution No. 001/1990, determine the Federal Council of Psychology than the interpreter in order to prevent psychologists to promote studies or professional care, so reserved, relevant to (re) sexual orientation, securing them, like this, full scientific freedom on the matter, without any censorship or need for prior permission from the C.F.P., by virtue of article. 5º. paragraph IX, of the 1988 Constitution ", scores or judge.

According to the resolution 001/1999, the Federal Council of Psychology, 'Psychologists shall not undertake any action that favors the pathologizing of homoerotic behaviors or practices, nor shall take enforcement action aimed at gay guide for treatments unsolicited '. "Psychologists not exercise with events and services that propose the treatment and cure of homosexuality". The plaintiffs, supporting the treatment of sex reversal, They asked that the rule be considered unconstitutional for allegedly 'restrict' scientific freedom.

"In order to interpret the aforementioned rule in accordance with the Constitution, the best hermeneutics to be given to that resolution should be that in order not to prove the psychologist to study or meet those who, voluntarily, come for guidance about their sexuality, without any form of censorship prejudice or discrimination. This is because the subject is complex and requires necessary scientific deepening ", He noted the magistrate, in audience of minutes on 15 of September.

The magistrate did not consider the norm prohibiting gay cure as unconstitutional, but he said he understood that professionals can not refuse to provide the service.

"As you can see, the provision in question, in general lines, It does not offend the major principles of the Constitution. Only some of your devices, when and if misinterpreted, can lead to mistaken hermeneutics in order to be considered forbidden to conduct any study or psychologist care related to sexual orientation or reorientation. I say this because the Constitution, through the already mentioned constitutional principles, ensures scientific freedom and the full realization of human dignity, including under the aspect of their sexuality, values ​​which can not be infringed by a legislative act infra, no case, a resolution issued by C.F.P. ", He justified the judge.

authors. In granting the injunction the judge still allows plaintiffs psychologists return to offer therapy (re) sexual orientation. "The danger of delay is also present, once , despite the contested act of the decade of dating 90, the authors are unable to practice medicine or promote scientific studies on the (re) sexual orientation, which greatly affects the possible interested in this kind of psychological ".

The Federal Council of Psychology (CFP) punished, with public censure, in 2009, to Rio psychologist Rosangela Alves Justino, offering therapy to 'cure' male and female homosexuality.

According to the college, she has violated Resolution of the Federal Council of Psychology, from 22 March 1999, in which the society says homosexuality "is not an illness, disturbance or perversion ".

The CFP maintained, that year, the punishment that had been applied to the psychologist by the Regional Council of Psychology of Rio de Janeiro.

With the injunction, medical a favorable opinion of Justice to provide treatment.


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