Authorization to apply psychologists conversion therapy is maintainedThe decision guarantees psychologists to "full scientific freedom of research" to carry out studies on behavioral and psychological disorders related to sexual orientation.
The judge Waldemar Cláudio de Carvalho, the 14th Federal Court in Brasilia, decided today (15) make permanent the injunction decision (provisional) which was delivered in September this year, allowing psychologists to meet any patients who seek therapy to change their sexual orientation. The decision guarantees psychologists to "full scientific freedom of research" to carry out studies on behavioral and psychological disorders related to sexual orientation.
The class action was opened by three psychologists who claimed to be the target of persecution by the Federal Council of Psychology (CFP). According to them, through a resolution issued in March 1999, the CFP would be trying to chase psychologists who offer conversion therapy.
The resolution prohibits psychologists to engage in any action that favors the pathologizing of homoerotic behaviors or practices, as well as to collaborate with events and services that propose the treatment and cure of homosexuality. determining, according to the CFP, It is based on the understanding of the World Health Organization (WHO) that homosexuality is not a disease, a disorder, or a perversion.
For the authors of the popular action that questions the resolution, the initiative of the CFP prevents psychologists to meet any patients who seek help to reverse feelings or behaviors that cause them discomfort or inconvenience due to sexual orientation. They claim that the standard leaves as the only alternative treatment require patients to accept an unwanted homosexuality.
The judge agreed with the arguments. He said his decision to reduce the scope of the resolution of the CFP is for that psychologists can "perform their work more freely and independently".
The decision does not repeal the norm, but determines the CFP "to refrain from interpreting the Resolution No. 001/1999, so to prevent psychologists, always and only if both the requested, in the profession, to promote academic debates, studies (researches) and psychotherapeutic care that may be necessary to the full scientific investigation of psychological and behavioral disorders associated with sexual orientation Egodystonic ".
he stressed, However, any conversion therapy should be applied only to those who visit on a voluntary basis, should not be advertising object or supply outside the offices. "Clearly the psychotherapeutic care to people in conflict with their own sexual orientation should be held in a reserved manner, without the propagation (any form of advertisement), as already enshrined in the injunction, respecting professional secrecy, the patient will and the, about everything, the dignity of the person assisted ", says the decision on Friday.
Although restricting the scope of the resolution of the CFP, Waldemar Cláudio de Carvalho judge ruled that the disciplinary proceedings that the agency leads on the subject are not interrupted, nor reversed any penalties already imposed.
A CFP appeal against the injunction September decision is still pending judgment by the Federal Regional Court of the 1st Region (TRF1). Brazil sought by the Agency, the agency said its legal department assesses enter a new appeal against the final decision of the Federal Court in Brasilia.