Política antimanicomial no Poder Judiciário: impactos a partir da resolução CNJ N. 487/2023

Abstract

The scope of this scientific article is to explain in the most practicle way how is the Antimanicomial Policy in the Judiciary Power, using the Resolution CNJ N. 487/2023 as a time frame of a criminal law and criminal procedure analysis, that also covers the execution of security measures. For redefining the treatment given to people with mental disorder or psychological disability who have comitted a criminal infracction, the Resolution CNJ N. 487/2023 causes an popular uproar. That happens because, amongst the criminal infracctions,there are murder and rape, for example, crimes that tend to cause extreme social repulsion. The present work, through the analysis of brazilian Courts (here were used STF, STJ, TJMG, TJAL, TJSC and TJRS), intends on mapping the decisions that agree with the Resolution, as much as the decisions that disagree with it. To do that, this article uses the deductive method, as it starts from a general premisse and goes to a particular one.