A medida de segurança e seus desdobramentos processuais e psiquiátricos: a proteção da saúde mental no âmbito do Direito Penal e do sistema prisional.

Abstract

The present work focuses on analyzing the intertwined and troubled relationship between Criminal Law and Criminal Procedure and Psychiatry, focusing on its forensic branch. It is of great significance the study of the treatment given to people diagnosed with mental disorders that, concomitantly, are under the punitive power of the state, from the local context. Exemplarily, it was used examples from comparative law. The historical evolution of the institute is presented as a starting point for the understanding of the ‘status quo’ of the security measure, in both modalities (restrictive and detective). In this regard, the Psychiatric Reform represents an essencial milestone of the research on screen. That said, it sought to contrast traditional care with that was provided by Psychosocial Care Centers and Therapeutic Residences. Finally, possible forms of configuration for the service were listed, with a view to overcoming the obstacles found.