A lei antimanicomial (lei n.º 10.216/01) e a legislação penal brasileira: Os impactos da aplicação das medidas de segurança

Abstract

Historically, the Brazilian Criminal Law was built subserviently to the vile logic of exclusion, based on eugenics and hygienism, of those who suffer from mental illnesses, submitting them to security measures. The alleged dangerousness of these pejoratively called "crazy" is a sadistic justification to abandon them in mental institutions. In this conjuncture, the present research was developed about the indignity that imbues them, even though there are movements, decisions, and even legal provisions to the contrary. The causes of this phenomenon were sought, highlighting the need for the mentally ill, although in conflict with the law, to be seen as a person. For this, it was necessary to show that the institute of security measures is not in line with the Law N.º 10.216/01, as well as all the historical guarantees coming from the anti manicomial movement, showing a paradox, namely: devices of the legal diploma prevail over those contained in criminal legislation, but even today, it proves to be fatefully ineffective. Methodologically, then, an exploratory research was carried out, of an applied nature, under the deductive method. In order to obtain the necessary data, bibliographical, documentary and jurisprudential research was used. In view of the above, the preponderance of Law N.º 10.216/01 in relation to what is contained in the criminal legislation about the mentally ill, based, furthermore, on directives from the CNJ, should be evident, concluding that the factual ineffectiveness of the legal diploma is the responsibility of public agents, since what is stated in the law can be put into practice, with regard to PAILI, as a paradigmatic case, which has lasted for more than sixteen years in Goiás.