Sujeito do inconsciente e sujeito de direito:

Ponto de conjunção ou de disjunção na interlocução da psicanálise com a saúde mental?

Abstract

The inclusion of the psychoanalytic discourse in public institutions of psychosocial care has become increasingly present and, as a result, this has produced a debate in the field about its limits and reaches. An important point in this debate is the notion of subject. The Brazilian Psychiatric Reform has elected as a central goal the restitution of historically deprived rights of users of substitutive equipment to the asylum. In such a context, the suffering subject is very often taken primarily as a subject of rights in the planning of the actions in multidisciplinary teams. Some authors propose that between the subject of the unconscious and the subject of rights lies an equivalence. We problematize such an argument through an immersion in the philosophy of law, where this term comes from, indicating the inaccuracy of such equivalence by demonstrating later on that the subject of rights notion poses a limited contribution as a clinical operator. Lacan’s reviews on the transformation of health into a legal right will be explored, calling the attention of those who operate in the healthcare field to the risks inherent to the decision of giving away their position. Finally, we propose that the psychoanalyst supports in the teams of psychosocial attention, not the amalgam of the hegemonic conceptual framework, but a discursive multiplicity, so that the space of the desiring subject can be guaranteed amongst the institutional gaps.