Reforma psiquiátrica e medidas de segurança

• Autor(a) principal: Nascimento, Maria Rita Ferreira do
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/20892
• topic: Criminal Law; Positivism; Psychiatry; Security Measures; Dangerousness; Psychiatric Reform; Legal Inability; Direito Penal; Positivismo; Psiquiatria; Medidas de Segurança; Periculosidade; Reforma Psiquiátrica; Inimputabilidade; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL

The present paper aimed to investigate the incompatibility of the criminal security measures and the dangerousness with the Brazilian legal order, especially after the promulgation of the Law 10.216/2001, which imposed the Brazilian Psychiatric Reform. The origins of the security measures and the dangerousness in criminal law were part of the research. During the analysis, it was possible to notice that the Criminological Positivism managed to add the unprecise concept of dangerousness in the Brazilian Criminal Code. As well as the Positivism, the Psychiatry had an important role in the perpetuation of the idea that people with mental disorders are dangerous, reinforcing old stigmatization and discrimination. On the other hand, the analysis of the Constitution, the Law 10.216/2001 and the Statute for Person with Disability proves that the maintenance of the criminal security measures and the dangerousness is inappropriate. In order to verify if the decisions of The Rio de Janeiro State Court of Justice about the security measures were being affected by the Law 10.216/2001, a qualitative research was applied. It was found that there is a small influence of the Law 10.216/2001 in the decisions that determined outpatient treatment. Nevertheless, the decisions that made reference to the Law 10.216/2001, but determined the internment in lunatic asylum, brought up arguments that managed to limit the scope of the Law 10.216/2001. The conclusion at the end of this paper is that a reinterpretation of the security measures, as well of the legal disability has to be done, regarding the Constitution and the Law 10.216/2001. After this reinterpretation, at least, a provisional solution must be achieved, so that only outpatient treatment would be determined by a criminal judge, as it already happens in the State of Goiás, with the PAILI Program (Care Program for Crazy Offenders).On the other hand, the definitive solution would be the end of the security measures and the legal inability.