Os desafios na implementação da política antimanicomial no sistema prisional brasileiro e seus impactos no processo de ressocialização

Abstract

The historical trajectory of Brazilian law in dealing with individuals with mental disorders has been extremely cruel. In response, social movements advocating for more humane treatments have emerged, with one of the most significant being the anti-asylum movement, which has brought about various advancements. Among these is Law 10.216/2001, aimed at protecting the rights of individuals with mental disabilities. However, despite the existence of this law, numerous cases of cruel treatment persist, indicating systematic legal non-compliance. Seeking to establish legally appropriate treatment, the National Council of Justice recently issued Resolution 487/2023, providing guidelines for the treatment of those subjected to security measures. This study employs an exploratory approach to understand the impacts of legal changes on the subject, as well as the outcomes of advocacy movements for the rights of individuals with disabilities under the penal execution system. The research utilizes a qualitative and deductive methodology, incorporating historical, theoretical, and normative reviews to shed light on the subject. The aim is to contribute to the anti-asylum movement, advocating for more humane treatments that genuinely fulfill their social function of providing security and rehabilitation for individuals with mental disorders under security measures.