Desafios do ordenamento jurídico brasileiro: uma análise da aplicação das medidas de segurança à pessoa com deficiência.

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.