A Política Antimanicomial do Poder Judiciário: Uma análise acerca do fechamento dos Hospitais de Custódia e Tratamento Psiquiátrico no Brasil

Abstract

This study investigates the anti-asylum policy of the Brazilian Judiciary, focusing on the closure of Psychiatric Custody and Treatment Hospitals (HCTP). The research historically situates the transformation of care for people with mental illnesses in Brazil, showing a change in the format of psychiatric hospitals towards more humanized methods, thanks to the influence of Law 10,216/2001, which brought about a Psychiatric Reform. Resolution No. 487/2023, issued by the National Council of Justice (CNJ), is fundamental for the analysis of the deinstitutionalization of psychiatric patients under security measures. The research analyzes the practical and theoretical consequences of this decree, evaluating the possibility of its application considering the criticisms and concerns of experts in Law and Health. The method used involves a review of bibliographical sources and an evaluation of case studies, which allows a indepth understanding of the challenges and opportunities related to the implementation of this policy. The study found that, despite being important progress in defending the human rights of people with mental problems, there are major challenges to its full application, especially in relation to the organization of the public health system. It is therefore recommended that future research be carried out to investigate options to overcome these obstacles, ensuring the effectiveness of anti-asylum policy in Brazil.