Doenças mentais no direito brasileiro: uma análise das implicações legais no âmbito penal

Abstract

This article seeks to analyze the application of security measures in the Brazilian legal system. It seeks to answer the following questions: What criteria can be drawn to declare that the individual is considered unimputable? What are the effects generated in the life of the patient who does not have his rights respected? What is the current situation of psychiatric hospitals? The deductive method will be used, carrying out the research in scientific articles, doctrines, understandings, jurisprudence, legal websites and concrete cases, in order to seek the maximum understanding of the subject. In the first section, some basic concepts of criminal law will be addressed so that the security measure can be understood. In the second section, it deals with the application of the security measure and some concrete examples of this case. And in the third and last section, we will talk about the institutions where security measures are complied with in Brazil.