Medidas de segurança sob a perspectivada resolução N° 487/2023 do CNJ: estudo de caso em Minas Gerais

Abstract

This paper primarily aims to analyze the application of the legal institute of security measures in light of the recent Resolution no 487 of the National Justice Council (CNJ), which establishes antimanicomial policy. Initially, it illustrates how individuals with mental disorders have historically been subjected to social exclusion or, in more extreme cases, actual elimination. The study also examines the institute of security measures within the Brazilian legal system, highlighting its applications and legislative gaps, as well as the understanding of higher courts. Furthermore, it presents the reality faced by inmates in Brazil's custody hospitals, revealing a scenario of human rights violations. The paper then explores the normative advances in Brazil in recent years, aimed at implementing the antimanicomial policy. Finally, it assesses the current situation in the state of Minas Gerais concerning the application of security measures. It was observed that, in response to CNJ Resolution no. 487, the Court of Justice of Minas Gerais issued Joint Ordinance no 1.540/PR/2024, which will be examined further. This case study analyzes the interaction between antimanicomial policies and their practical application in psychiatric facilities in Minas Gerais. The critical analysis covers the effectiveness of the guidelines established by Resolution no 487/2023 and Joint Ordinance no 1.540/PR/2024, revealing gaps in implementation and challenges faced in ensuring a truly humane and sustainable treatment for psychiatric patients.