ARAÚJO, J. S. M.; http://lattes.cnpq.br/6759615055959909; ARAÚJO, Jaianny Saionara Macena de.
Abstract:
The present study discusses the fulfillment of security measures by people with
mental illness within Brazilian Criminal Justice, especially regarding institutional
problems, since it appears that, from its conception, it moves away from the
therapeutic model that is assigned to it, which injuries human dignity of the
individuals who are subject to it. This study aims to debate the nuances that
demonstrate the antagonism between theory and practice of this penal institute,
since it should constitute an instrument of treatment for mental disabilities and social
reintegration, however several times it is used for the non-compliance of several
other human rights, including right to health. Additionally, this study discusses the
movements that led to the enactment of the Brazilian Psychiatric Reform Law, as well
as its relatively late implementation in the country. For this purpose, bibliographic
research was conducted, based on scientific literature, legislation and jurisprudence
of superior courts, as well as on documentar research in legal texts and institutional
reports. It can be concluded that the Brazilian State, in its three spheres of power,
still has a lot to achieve in the accomplishment of human dignity of inmates in the
Judicial Psychiatric Asylums, since this contradiction between being a place of
treatment and being an environment that violates human rights ends up infringing
basic fundamental rights and, consequently, the basic concept of human dignity.
