Da inimputabilidade por doença mental

Abstract

Nonimputability due to mental illness is an important institute for penal law and penal process. In the process that develops under this condition, there is no penalty to the agent in its most traditional form; often times, the most appropriate measure is the inpatient hospitalization. In a first moment, we proceed to a logical/systemic explanation, relating in a general and objective way the central and peripheral aspects in order to converge to the central theme of this work, the nonimputability due to mental illness, allowing a better understanding about the matter. We approached under the study of the mental health, its reflexes on the State right of punishment, as well as the details of the declaration of unimputability from specialized report. We also mention the possibility of decreasing the penalty in those cases in which one only declares semi-imputability of the agent that has caused the previously defined actually by the crime legislation. We approached how the penal process should proceed for each diagnosed case on the course of the process. We mention the nuances referred to the process of competency of the Court of Jury and the consequences of an absolving sentence. We talked about psychiatric inpatient hospitalization and its positive and negative effects as well as the power of the antimanicominal debates in the legislative production of the Legislative Power. As conclusion, we agree that this theme is, often times, a polemic one, and the consequence of this is the marginalization of those people who suffer from a mental illness, which impairs their reinsertion in the social context without prejudice to themselves or to society.