O histórico "destino" da loucura criminosa

• Autor(a) principal: Cunha, Carolini Cássia
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Estadual de Maringá (RI-UEM)
• Texto Completo: http://repositorio.uem.br:8080/jspui/handle/1/3094
• topic: Saúde; Reforma psiquiátrica; Louco infrator; Inimputabilidade; Crime; Loucura; Sociedade; Eugenia; Higiene mental; Brasil.; Psychiatry reform; Unimputability; Crime; Madness; Eugenics; Mental hygiene; Brazil.; Ciências Humanas; Psicologia

To comprehend the historical matters that made possible the insertion of medicine in criminal processes involving insane offenders is the objective of this study. The treatment dedicated to the insane offenders still does not incorporate the principals of the Psychiatry Reform that rules the National Politics in Mental Health in the present days. The medical report, essential to processes involving insane offenders, has been keeping those under security restriction for indeterminate time due to a supposed periculosity. Untill this moment medicine did not ever had such importance on the jurisdictional system. These are some of the reasons that motivated this present study. For that matter, we turned back time to the consolidation of medicine in the jurisdictional decisions, which comprehends the years between 1890 and 1940. The starting point of that process is the proclamation of the Republic and promulgation of the Penal Code of 1890, which opens the legal possibility to medicine to enter the jurisdictional system. The ending point has terms with the promulgation of the Penal Code of 1940, when the medical participation in jurisdictional decisions is, in fact, legitimated in the terms of the law as constitutional part of criminal processes involving madness. In which concerns to the material studied, was given priority to the primary sources, written during the studied period, has it been produced by jurists, politicians or medical doctors, in forms of theses, periodic articles, books or discussions and general publications. The selection of the studied material was based on existence of insanity and crime as theme. The return to the past through primary sources turns clear the historical contribution to the scientific discussion about insane offenders. The theoretic production consulted in this present work showed the importance of solid preparation of psychiatry professional that analyses insane offenders, such as strictness in the producing of the medical report, regardless of the individual and ahistorical proposes, which had considered historical values as pathological signs. Shine through consulted literature significant influence from hygienist doctors on the consolidation of political projects concerning to madness that would contribute to the body of its knowledge. The comprehension of historical construction of the studied issue reveals the complexity of the relationship between crime and insanity; the illusory scientific premonition of the future, especially in which concerns to human life; and the creation of the Juridical Asylum in consonance to individualizating and biologizating theories in vogue at the analyzed period. Decades confirms the preoccupation of these men of science on searching the solution to social problems of their time; However, it confirms as well that much from their certainness' and proposes achieved, fragile by their time limitations, does not have applicability in the present days. The passing time and the achievements made by science in all fields of knowledge made possible to acknowledge madness from a different perspective, which National Politic of Mental Health is proof of. Nevertheless the Juridical Asylum still remains just the way it was originally concepted, having just been renamed to Treatment and Custody Hospital.