As medidas de segurança, as consequências do tratamento por tempo indeterminado e o conceito de periculosidade: Uma análise sobre a Lei 10.216 de 6 de abril de 2001 e sua aplicação no sistema jurídico penal

Abstract

This paper analyzes the application of security measures in Brazilian criminal law and examines the construction of the concept of dangerousness as a basis for the measures, discussing the emergence of mental institutions in Brazil, with emphasis on the case of the Barbacena Colony Hospital, and the influence of the Anti-Asylum Reform (Law No. 10.216/2001) on the Brazilian Penal Code. The article explores the origin of security measures, their relationship with dangerousness and the evolution of the treatment of individuals with mental disorders in the penal system. In addition, the indefinite nature of security measures and their incompatibility with the 1988 Federal Constitution and the Anti-Asylum Law are addressed. The article concludes that, despite the advances made by the Psychiatric Reform, criminal legislation is still based on outdated concepts of dangerousness, perpetuating the segregation of individuals with mental disorders.