LUTA ANTIMANICOMIAL EM MOVIMENTO: AVANÇOS E DESAFIOS NA GARANTIA DE DIREITOS PELA RESOLUÇÃO CNJ N° 487/2023

Abstract

This study examines the advances and challenges in guaranteeing the rights of people with mental disorders in conflict with the law, based on CNJ Resolution No. 487/2023, which establishes the Anti-Asylum Policy of the Judiciary. The research is situated within the historical and theoretical context of the Brazilian anti-asylum movement, drawing on contributions from Foucault and Goffman to critique the asylum paradigm, and examines the legal framework of the Psychiatric Reform, especially Law No. 10,216/2001, as well as the setbacks represented by the psychiatric counter-reform in the 2010s. Through qualitative jurisprudential analysis, the study evaluates the application and effectiveness of CNJ Resolution No. 487/2023 within the Judiciary, identifying both partial alignments with its principles and structural and cultural resistances that perpetuate the asylum logic. It concludes that although the Resolution represents a significant normative advance and a milestone in the struggle for deinstitutionalization, its practical effectiveness is limited by the persistence of judicial understandings that prioritize incarceration based on abstract dangerousness criteria and by the insufficiency of the psychosocial care network. The study demonstrates the need for a cultural transformation within the justice system and robust investments in the Psychosocial Care Network to fully guarantee the fundamental rights of this group.