“O que não tem medida, nem nunca terá”: uma análise do instituto da periculosidade na execução das medidas de segurança

Abstract

People in mental distress are recipients of differentiated criminal treatment, in theory, established with therapeutic bias. For such individuals, the security measure is reserved. The legal status of this institute, founded on the fragile notion of dangerousness, violates the founding principles of our criminal justice system, as well as allows the perpetual imprisonment. In this sense, the present monographic work aims as its general objective to understand the criminological bases of the safety measure, analyzing the influences of the concept of dangerousness in its execution. Methodologically, a qualitative research was carried out, aiming to understand the episteme of dangerousness, which understood the emergence of this concept in the statements of criminological positivism, as well as its appropriation in Brazil, adapting it to the reality that was intended to be built here. In addition, this research focused on the current configuration of security measures; as such an institute enshrines hazardousness as its foundation. The obtained results show that the notion of dangerousness is covered by a series of subjectivism and stereotypes, in an unfounded exercise of futurology. Thus, the emergence of danger, its appropriation in Brazil and its current role in the legal system, show that this notion works as a device of power and control of the individuals. Therefore, it occurs that the periculosist ideal that covers the criminal treatment of the inimitable is in line with the articulation of a criminal law of the author, strongly violating the basic principles of our legal system. Thus, the security measure is not in line with its legitimizing speech as a therapeutic instrument; it is truly a punishment and an even more incisive criminal right is imposed on those under its control.