Medidas de segurança e a lei da reforma psiquiátrica - a necessidade de repensar a legislação penal

Abstract

This research aims to demonstrate how the current system of safety measurement violates the human rights of individuals submitted to this penal sanction, aproaching, to this end, all the legislation pertinent to this institute (Criminal law, criminal process law and criminal execution law), as well analyzing the aspects of unimputability and the main mental disorders, how these disorders can affect the ability of understanding and self-determination of people in psychic distress, as well to make an historic aproach of madness and the form of treatment given to patients with mental disorders throughout the history, to, at the end, criticise the controversial points of penal legislation in comparison to the psychiatric reform law, with the intent to humanize the treatment given to the unimputable and, also, to denounce the violation of human rights, the cruel treatment and torture suffered by the inmates within the custody and treatment hospitals and to demonstrate the current programs consistent with the psychiatric reform, as alternative to the judicial asylums.