O conflito entre a reforma psiquiátrica brasileira e a legislação penal nos casos de apenados com superveniente transtorno mental.

Abstract

Law 10.216 / 01 brought important innovations regarding the rights of people with mental disorders. The problem that the research looks for is to know if the Criminal legislation is adequate the changes brought by the Law of Psychiatric Reform in relation to the prisoners with superveniente mental illness. The hypothesis presented is that the treatment received by people with mental disorders when hospitalized in Custody and Psychiatric Treatment Hospitals is not in accordance with the innovations proposed by the Psychiatric Reform Law and, therefore, needs to be adapted so that the rights are guaranteed. The general objective is to analyze the importance of the adequacy of criminal legislation with the Psychiatric Reform Law to guarantee the rights of patients with mental illness. In turn, it has specific objectives: to present a brief history of the treatment of madness until the ratification of Law 10.216 / 01, the Law of Psychiatric Reform; identify the legal penal provisions that they have on the treatment of prisoners when mental illness occurs; to confront the provisions of the Criminal Law with the changes brought about by the Psychiatric Reform regarding the treatment of the mentally ill. In developing this research, we opted for the method of dialectical approach. As for the procedure method, the adopted method is the comparative history and as to the approach of the problem the modality used is the qualitative one. As for nature this research is applied. The general objectives are explanatory. As for the technical procedure, the bibliographic-documentary was adopted, with direct and indirect treatment of the sources, since it was elaborated from laws, books, internet and periodical articles, with content analysis.