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A delay of more than five years in the proceedings instituted to investigate the death
of Damião Ximenes-Lopes shows that Brazilian courts are slow and biased. The
pressure of the political and economic power has strong influence on the judicial
system. On many occasions these powers act as accomplices - since they are very
strong, they can determine whether there will be a trial or not.
In the case of Damião Ximenes-Lopes, the witness received reports on the
investigations carried out by the Regional Medicine Council, among others. However,
he never received a response on the disciplinary investigation conducted regarding to
the chief of police, who had allegedly made evidence disappear, or on the fact that
the investigation was not commenced until November 7 or 8, 1999, although the
death occurred on October 4, 1999. It took three years to the Attorney General´s
Office to furnish additional accusation related to the complaint. There was an
unjustified delay. The witness considers that the death of Damião Ximenes-Lopes, a
case with such great implications and with such an amount of evidence, cannot be
delayed so extensively and thus he believes that the case may end up unresolved
and alleged offenders go unpunished due to the application of the statute of
limitations.
After Damião Ximenes-Lopes’ death, mental health care in the city of Sobral
progressed, but it is still far from reaching the ideal concept of the psychiatric system
reform.
3.
Testimony of witnesses proposed by the State
a)
Luiz Odorico Monteiro-de-Andrade, Municipal Secretary of
Health of Fortaleza, who at the time Damião Ximenes-Lopes died was
the Secretary of Social Development and Health of the city of Sobral.
The hospital where Damião Ximenes-Lopes died had been sanctioned on several
occasions and a mental health system was being implemented so that such hospital
could be closed. Since it was a very important regional hospital, closing it
immediately was not easy. As soon as they had knowledge of Damião XimenesLopes’ death, they created an administrative investigation commission, which
verified a series of problems at the hospital. After that, the institution was
immediately intervened in order to control inpatients. The commission made a full
diagnosis of each inpatient’s mental condition; and those patients residing in the
city of Sobral and associated with the Family Health Program were gradually
discharged, with domiciliary and community support. Thereafter, the hospital was
closed.
From January 1, 1997, a series of administrative restructuring activities began in the
Municipal Government to adjust the Single Health System’s policies. By the end of
1998, the Psychosocial Care Center, which provides ambulatory care and daily care
to patients with mental illness, had been created. This center has evolved, and now
it has a treatment for intrapatients with acute mental disorders in general hospitals.
There are also CAPS for general disorders and one CAPS for individuals with alcohol
and drug-related problems. A recently opened CAPS was named after Damião
Ximenes-Lopes to pay homage to him.
At present, health care quality is much better than in 1999. Since the
decentralization, an intense process of reduction in the number of hospitals and
asylums has taken place; and psychiatric care in Brazilian municipalities has become