O VAZIO NORMATIVO E A INVIABILIDADE DE ACESSO AO DIREITO À SAÚDE MENTAL PELA COMUNIDADE LGBTQIAP+:

The Federal Government is made up of three branches: Legislative, Executive and Judicial, by analogy here presented as the Chimera, Greek mythological hybrid creature with three heads, whom behave them selves in completely different ways. Given the actions perpetrated by this figure, the objective of this article is to relate the formal non-existence of the LGBTQIAP+ community in the Brazilian legal system to the consequent restriction of this community's access to the right to mental health. Hereby, this research aims to understand the connection between these Brazilian legal gap and the damage caused to the mental health of that community deprived of civil rights. The article is structured based on the deductive method. It starts with the explanation of the right to health, referred to as social right, fundamental right and a right of personality. Next, the legal invisibility of the LGBTQIAP+ community will be highlighted. Thus, the difference between the recognition of rights and the effective constitution of rights will be explored, with some extremely relevant and historical cases being presented. Finally, we’ll dive into the harmful effects on the mental health of members of the LGBTQIAP+ community, caused (directly or indirectly) by this regulatory void.