Reflexões sobre a execução das medidas de segurança no Brasil à luz da reforma psiquiátrica (Lei nº 10.216/01)

Abstract

This research addresses the implementation of security measures in Brazil, making a counterpoint to the Psychiatric Reform Law (Law n° 10.216/01), explaining the existing incompatibilities between the institute and the rights and guidelines recommended by the legal diploma. To do so, initially, an analysis was made of the legal provisions that govern security measures, addressing who the institute is intended for, its foundations, its modalities, among other aspects. Next, we sought to analyze the reality of the implementation of security measures in Brazil. Afterwards, the history of the “Anti-asylum Movement” was narrated, explaining how the movement culminated in the promulgation of theLaw N° 10,216/01, and, shortly thereafter, the rights and guidelines for the treatment of the mentally handicapped provided for in the legal dipa were detailed. Subsequently, the existing contradictions between what the Psychiatric Reform Law advocates and the reality faced by people submitted to the security measure in Brazil were analyzed, at which time it was found that these individuals are on the fringes of that legislation, having their rights infringed on a daily basis. There was a strong need for a legal-legislative reorientation of the security measure institute, in order to prioritize effective treatment of pathologies and the insertion of patients in social life. Finally, doctrinal proposals for the adequacy of the security measure institute to the guidelines of Law N°. 10.216/01 were analyzed, and it is possible to conclude that the individual submitted to the security measure must be directed to the common health network, without distinction in relation to other people who need psychiatric treatment, what has already been happening in some states of the country through programs such as the PAI-PJ, PAILI and PCIPP, while other states continue to follow the asylum logic legitimized by criminal legislation.