A inimputabilidade penal e as medidas de segurança: análise do tratamento de pessoas com transtornos mentais no sistema penal brasileiro

Abstract

This research investigates how the Brazilian criminal justice system handles individuals with mental disorders who commit crimes, focusing on the application of criminal irresponsibility and the effectiveness of security measures. The study aims to assess whether these security measures, especially internment in custody hospitals, uphold fundamental rights and provide adequate treatment, or if they merely function as extended incarceration. The study is justified by the importance of human rights protection and the need for an approach that integrates the criminal justice system with mental health policies. The central hypothesis posits that current security measures require improvement to ensure proportionality, rehabilitation, and the avoidance of indefinite confinement. The methodology includes a bibliographic review and case analysis, taking an interdisciplinary approach that bridges criminal law and forensic psychiatry. Results indicate limitations in psychiatric evaluation practices and the structure of custody hospitals, underscoring the urgent need for reforms. The conclusion highlights the need to improve the assessment of criminal irresponsibility and reconsider the indeterminate nature of security measures, promoting a balance between criminal justice and humane treatment for individuals with mental disorders