A privação da liberdade pela medida de segurança em face da luta antimanicomial: análise da efetivação da Lei Nº 10.216/2001 na Penitenciaria de Psiquiatria Forense da Paraíba.

Abstract

This course conclusion work deals with deprivation of liberty through security measures, based on the analysis of Law 10.216/2001, known as the anti asylum reform law in Brazil, and Resolution 487/2023 of the National Council of Justice, which establishes an anti asylum law. asylum policy, not the Judiciary. The focus of the research is how in Paraíba we have worked towards psychiatric reform, mainly in the context of the Forensic Psychiatric Penitentiary of Pa raíba, analyzing its historical context and current perspective. Furthermore, the research was concerned with exploring the legal nature of the security measure and how it is discussed among legal operators and academics, whether it is configured as punish ment or treatment, and depending on how it is considered, it is possible to understand the particularities of the measure., such as its temporary nature. In another way, the research analyzed the psychiatric reform in Brazil and, later, in Paraíba, and bro ught to discussion the structure of asylum institutions in which individuals with mental disorders were segregated. However, despite the noticeable progress in the context of the implementation of human rights as a mental disorder, it is observed that ther e is a psychiatric counter reform and that because of it, the struggles in the anti asylum context do not cease, under penalty of not going back on what has been achieved.