Cemitério dos esquecidos: uma metáfora que questiona a noção de periculosidade a partir da experiência do Centro Psiquiátrico Judiciário

Abstract

This paper is primarily a historical and legislative analysis about issues surrounding crime and madness, anti-asylum struggle, the emergence of forensic psychiatric hospitals in Brazil and its implications on the assumed notion on mentally ill “offenders” and its strong influence on the way the security measures were to be applied. Moreover, it is an analysis of the notion of dangerousness, conceptualizing it and showing how much superseded this device is. In order to demonstrate the problem's practical reality, processes and dangerousness cessation tests from the Capital's Court of Criminal Execution were evaluated. An overview about the legal institute of security measure application in Brazil will be traced, emphasizing Alagoas's State reality. This paper intends to bring into focus the unindictable and show the reality experienced by them, a reality which is very cruel, but is justified by a false legal and scientific notion. For that matter, we used various literature sources, jurisprudencial investigation, as well as field research conducted in the Pedro Marinho Suruagy Psychiatric Judicial Center and in the 16th Capital's Criminal Court.