É PRECISO ESTAR ATENTO E FORTE: UM ESTUDO SOBRE OS CAMINHOS TRILHADOS PARA A ABERTURA DE FISSURAS ANTIMANICOMIAIS NO SISTEMA DE JUSTIÇA CRIMINAL

Abstract

The present study aims to analyze the penal institute of Security Measures and Psychiatric Custody and Treatment Hospitals, through the lenses of the Brazilian Anti-Asylum Struggle and Psychiatric Reform. The analysis delves into democratic spaces of public debates surrounding the subject, as well as the subsequent creation of Brazilian anti-asylum regulations and their impact on the criminal justice system. While discussing this topic within the conservative penal legislation, on the other hand, it is possible to observe pioneering experiences in the practice of anti-asylum mental health care for this social group. The specific objectives are: a) to observe how public debates on security measures and Psychiatric Custody and Treatment Hospitals reverberated in a change of understanding of these institutions, especially after the publication of the Psychiatric Reform Law; b) to identify Brazilian regulations on security measures and Psychiatric Custody and Treatment Hospitals (PCTH) produced after the publication of the Psychiatric Reform Law and its developments in Brazil to the present day; c) to analyze penal legislation in light of the principles and guidelines of the Brazilian Psychiatric Reform; d) to discuss the importance of the new Anti-Asylum Policy of the Judiciary with Resolution 487/2023 from the National Council of Justice (CNJ); e) to reflect on the right to anti-asylum mental health within the criminal justice system. A qualitative, exploratory approach was chosen, based on documentary research and bibliographic research. The study raises questions about potential legal gaps in the justice system towards deinstitutionalizing practices in forensic and mental asylums. In the logic of combating invisibility, silence, and oppression that hinder the guarantee of their fundamental rights, this work seeks to contribute to the promotion of a criminal justice system that respects the right to anti-asylum mental health and ensures the appropriate treatment and social reintegration of individuals with psychosocial disabilities in conflict with the law, overcoming historical challenges and ensuring access to rights, justice, and citizenship for these individuals.