Avaliação da política pública de liberação de pessoas com transtornos mentais autoras de delitos sem atestada cessação de periculosidade

Abstract

This study aims to analyze the characteristics of criminal recidivism among individuals with mental disorders, sentenced to security measures and released without a forensic report attesting to the cessation of dangerousness, in the state of Minas Gerais, Brazil. The research stems from concerns regarding the implementation of Resolution No. 487/2023 of the National Council of Justice, which eliminates judicial asylums and prioritizes treatment in freedom, without the mandatory forensic evaluation that traditionally conditioned release. The theoretical framework is grounded in the field of public policies, particularly regulatory ones, focusing on the policy cycle with emphasis on evaluation. The review incorporates authors such as Secchi, Souza, Draibe, and Foucault, as well as the historical background of asylums and the anti-asylum movement in Brazil, situating the issue within the broader tensions between human rights, mental health, and public safety. The methodology adopted was quantitative, applied, and documental in nature. Prison records and public security systems were used to collect data on criminal recidivism among former inmates of the Jorge Vaz Psychiatric and Judicial Hospital between 2020 and 2024. The analysis combined descriptive statistics with a critical interpretation of documents. The results indicate that recidivism in violent crimes is higher among those released without approval in the cessation of dangerousness report. The study also highlights the significant occurrence of minor offenses, which nonetheless have relevant social impacts. The originality and relevance of this research lie in providing unprecedented empirical evidence on the effects of psychiatric deinstitutionalization in the penal context of Minas Gerais, a subject rarely explored in Brazilian literature. The study contributes to the debate on the risks and challenges of the anti-asylum policy within public administration, underscoring the need for evaluation mechanisms and improvements in the release policy to ensure social protection while safeguarding fundamental rights.