A implantação da política antimanicomial do poder judiciário: um estudo sobre a atuação dos grupos de monitoramento e fiscalização dos tribunais de justiça estaduais no nordeste do Brasil

Abstract

In light of recent initiatives aimed at closing forensic psychiatric hospitals and building new paradigms for the deinstitutionalization of individuals with mental health conditions in conflict with the law, this study aims to analyze how the Courts of Justice in the northeastern Brazilian states have organized themselves to implement the Judiciary's Anti-Asylum Policy, as outlined in CNJ Resolution No. 487/2023. Specifically, the study seeks to identify the guidelines established by the resolution, examine the ordinances issued by the Groups for the Monitoring and Oversight of the Prison and Socio-Educational Systems (GMFs) within two years of its enactment, and conduct a detailed analysis of the normative content of these ordinances. To achieve this, the research adopted a methodological approach that combined bibliographic research, emphasizing studies on deinstitutionalization, community-based care, and human rights, with documentary analysis based on the ordinances published on the websites of the National Council of Justice and the Courts of Justice of the northeastern states. The findings indicate significant progress in the adoption of the guidelines set forth in Resolution No. 487/2023 across the region, although substantial challenges remain, particularly with respect to the complete closure of psychiatric institutions. The study concludes that while the ordinances represent a fundamental step forward, they are not sufficient by themselves to ensure the full implementation of the Judiciary's Anti-Asylum Policy. It is essential to understand the structural and institutional challenges that hinder the realization of the proposed model of care in freedom.