Zanatta, Diana CasarinCappelletto, Tainá2025-03-182024https://repositorio.uricer.edu.br/handle/35974/769The research addresses the new anti-asylum policy and its repercussions on the criminal justice system in Brazil. The possibility of closing down psychiatric hospitals in Brazil, according to Resolution No. 487/2023 of the National Council of Justice, has led to important reflections on how to implement the regulation and, at the same time, properly treat individuals who are not criminally responsible but are considered dangerous. In this context, Law 10.216/01, which regulates the rights of individuals with mental disorders, stands out by establishing the need for treatment in freedom, whenever possible, and the promotion of mental health care that prioritizes humane care. The Brazilian Penal Code establishes the security measure of hospitalization for those who are not criminally responsible and who commit serious crimes. Thus, with the closing down of hospitals where this type of hospitalization occurs, the question arises about what to do with these dangerous individuals, since criminal legislation has not advanced and has failed to establish another form of guaranteeing social security. The main objective of the research is to explore the possibility of reformulating and humanizing psychiatric hospitals, rather than simply closing them down. To this end, the research is organized into three chapters: the first provides a historical analysis of punishment in Brazil, allowing us to understand the legal and practical bases of psychiatric hospitalization; the second examines the evolution of security measures in criminal law and the current reality of custody hospitals; and the third discusses the challenges and perspectives of security measures for hospitalization, in addition to the consequences of closing judicial asylums. The methodology used combines bibliographic and documentary research, with the application of the hypothetical-deductive method, as well as functionalist, historical and statistical methods, aiming at a comprehensive and detailed analysis of the topics addressed. The conclusion anticipates a defense of the maintenance of psychiatric hospitals, proposing new guidelines that guarantee more humane and safe treatment, highlighting the need for a model that promotes dignity and respect for the rights of patients, in line with a more humanized perspective in mental health policies.pt-BRDireitoHospitais psiquiátricosJustiça criminalSaúde mentalDireitos humanosTrabalho de Conclusão de Curso