O infrator penal com transtornos mentais e as garantias do direito à saúde

Abstract

The work that follows proposes a reflection on the rights of individuals with mental disorders who practice a criminal offense. The survey was conducted with transdisciplinary bias and investigates how the justice provides penalties for these people and their applicability . In Brazil , people with mental illness or incomplete or retarded mental development have been authors of completed or attempted crimes. In many cases, crimes are committed against family members or people close for no apparent reason. Under a closer look, one realizes that committed violence translates into a cry for help or a cry for help. When their crimes are brought to the attention of Justice and is found its unaccountability, the guy who committed it is exempt from punishment and shall be applied to security measures, consisting of admission to Hospital Custody and Psychiatric Treatment (CPTH) for treatment. Thus, we seek to understand the phenomenon of madness from the perspective of psychiatric reform , which requires a survey about the relevant legislation to the subject, considering legal, political, social and cultural issue, without which one can not understand the behavioral changes and look that settled over the years . This study aims to analyze the fundamental social right to health and family life, guaranteed by the state, people suffering from mental disorders and that, as such, commit crimes. In such cases, they are a security measure applied, is admission to the Hospital of Custody and Psychiatric Treatment (CPTH) or outpatient treatment, where the crime is punishable by imprisonment or detention, respectively.