Direito e loucura: as incompatibilidades entre o instituto jurídico da Medida de Segurança e a Lei 10.216 de 2001

Abstract

The concept of madness varies according to its historical context, so it must always be understood within its social and cultural context. Even so, the history of madness is marked by the dehumanization of the madman, by the emptying of his will and by a deep exclusion. This article aims to demonstrate that the invisibility and dehumanization of these individuals is also reflected in Criminal Law by consolidating the legal institute of the Security Measure as a state measure aimed at people in psychological distress who are perpetrators of crime, having as a fundamental assumption the danger of the crime agent. Thus, this article addresses the main incompatibilities and contradictions between this legal-criminal institute and the Psychiatric Reform Law (Law 10.216/2001), bringing to the center of the discussion the right to health and adequate and humanized medical treatment for the offender agent in psychological distress, emphasizing the need to rethink the legal approach to the issue of madness.