Aplicação da medida de segurança ao louco infrator à luz do direito sanitário

Abstract

The Psychiatric Reform faced the status quo represented by the official institution of asylum, which has long kept within its walls people representing a nuisance to society. Unfortunately our legal tradition has not realized this phenomenon, and today there is what might be called an axiological inconsistency within Brazilian legal system, since the insane offender is still confined in spaces not appropriate to treatment. Based on Foucault one sketches the history of madness and explains the origins of the Psychiatric Reform movement, as well as its subsequent achievements. It then discusses the relationship between law and madness, dealing with the advances brought by the sanitary laws, outlining a general framework of the Security Measure, according to the Penal Code and Code of Criminal Procedure. In the last chapter, one analysis the current status of the Security Measure in confrontation with health legislation, in particular the Law 10.216/2001, which represented the consolidation of the claims of anti-asylum movement. The methodology consists primarily of bibliographical and documental research. Having the rescue of human dignity to the mad as the main goal, it is clear that such axiological inconsistency needs to be fixed. This can be done parting from the reinterpretation of the Safety Measure from the perspective of the Law 10.216/2001, because it makes no discrimination between people with mental disorders, whether they have committed a criminal offense or not.