Na Ação Direta de Inconstitucionalidade n.º 6.366, o STF julgou a inconstitucionalidade de dispositivos da Lei Orgânica do Ministério Público do Estado do Amazonas que estabelecem o requisito de “saúde mental” para aquisição de vitaliciedade.
Conforme a OMS, há um espectro em degradê em relação aos estados de saúde mental, desde o estado de bem-estar até o estado de abalo psicológico profundo.
O Supremo, em análise do caso, observou que a conceituação de “saúde mental” expresso na lei em debate poderia ser “demasiadamente ampla”, com a possibilidade de produzir efeitos discriminatórios, por envolver transtornos que não impedem o exercício da profissão.
Por isso, foi decidido que a aplicação do termo deve ser limitada às hipóteses em que a condição psíquica do servidor público demonstre sua incapacidade permanente para exercício de sua função.
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