Inimputabilidade em casos de transtorno mental e análise das medidas de segurança previstas pelo ordenamento jurídico brasileiro

Abstract

Since the beginning of studies in the sphere of Criminal Law, the State has recognized the importance of different legal treatment for those who have committed unjust crimes and suffer from mental illness. Given this scenario, security measures were implemented with the aim of psychologically treating such agents and preventing them from committing crimes again. However, with the closure of custodial hospitals, an impetuous discussion arises about where dangerous mentally ill people, such as serial killers, murderous rapists and other perpetrators of serious crimes, will be sent. Therefore, the objective of this study is to examine the way in which the criminal legal system deals with people with mental illnesses considered unaccountable, also taking into account the psychiatric reform in Brazil. Therefore, the present research aims to study the culpability of the mentally ill in the commission of an unjust criminal offense, examine how the security measures provided for in the legal system are applied, questioning whether current approaches are really bringing effective prevention measures against future criminal episodes, as well as analyzing the effectiveness of anti-asylum policy in Brazil. To address these issues, the inductive research method was used, through multidisciplinary readings and research on legislation. Furthermore, this study adopts an analytical-descriptive approach to clarify the application of security measures for those not liable for mental illness in Brazil. The research was divided into three chapters: the first analyzes the issue of culpability in the context of non-imputability in the Brazilian legal system; the second addresses the criminal legal treatment established for unaccountable individuals with mental illness; and the third and final chapter deals with psychiatric reform in Brazil, as well as the reintegration of people with mental illnesses into society.