Gramática jurídica da aplicação das medidas de segurança: uma análise jurídico-sociológica no Código Penal, Lei da Reforma Psiquiátrica e do Estatuto da Pessoa com Deficiência

Abstract

From a sociological legal perspective, the objective of this work is to analyze the changes in the application of security measures, provided for in the Penal Code, after the enactment of the Psychiatric Reform Law and the Statute of Persons with Disabilities. The hypothesis is based on the premise that although these laws have brought a humanization in the application of security measures, a significant practical change is still not observed. Resolution no 487/23 of the National Council of Justice (CNJ) is also addressed, which regulates the rights of people with mental disorders in conflict with the reality of application, as well as Senate Bill no 236, of 2012, known as the New Penal Code, and its innovations in the context of security measures aimed at people with mental disabilities. In development, challenges related to security measures are presented, such as restriction of freedom, deadlines for compulsory hospitalization, need for adequate care and treatment, and alternatives to the asylum model. The ethical, legal and social aspects involved in this issue are also permeated. Finally, in conclusion, the institute was unable to follow the guidelines formulated by the legislation analyzed, because in practice, the scenario of application of security measures did not show significant changes.