The claim of rights has as base the idea of that all the members of the society must morally be responsible, so that they can develop an equality relation, assuming right and duties that the citizenship demands. To legally characterize the mental sick person between the citizens means an appropriation of the tradition and a process of public argument critical, in elapsing of the which competing conceptions of identity and legitimacy politics they are articulated, contested and refined (Minow, 1997; Habermas, 1974, P. 102) apud Maia and Fernandes (2002). CRIME AND MADNESS After the psychiatric reform installed by Law 10,216, of 2001, the society started to rethink the destination given to the said citizens ' ' loucos' '. Intense debates are ranks in question regarding the best form of treatment, if with internments and the use of psicofrmacos of a side or the proposal of recovery from the integration of the carrier in the community. Before this, sick person mental was predestinold to pass remaining portion of its life confined in lunatic asylums judiciary, without this could enter in contact with the delict that committed and from there, to construct one to know on such act, beyond being directed for treatment. The against-reform argues that madness is organic and must be treated way medication, electro has shocked, psicocirurgia, among others. In the biologicista conception if the patient it does not answer to the medication the trend well is to increase its dose, what most of the time it implies in a situation still worse, where ' ' louco' ' it has its suffering aggravated with the adverse reactions of the drugs. The citizenship and the freedom are ingredients key for improvement of the mental suffering. As Days (2009) the necessary mental sick person to pay for the crime that committed, this fact in itself, consists in a therapeutical form to reestablish the bow social.