Security measure in brazilian criminal law: study about violence and (in)efficiency of custody psychiatric hospitals

Studie über Gewalt und Ineffizienz in verwahrungspsychiatrischen Krankenhäusern

Abstract

The security measure is the institution of Criminal Law responsible for the treatment of the unimputable individuals and it can be done through hospitalization or clinical care. The hospitalization goes against all the principles and ideas that came along with the Psychiatric Reform Movement, and against the Law of Psychiatric Reform itself, which seeks the deinstitutionalization of the individuals with mental illness. In this research it was intended to do an evaluation of the security measure through hospitalization, so it would be possible to know if the plan to treat these patients was effective. A bibliographic analysis was made in the scope of Criminal Law, Criminology in addition to analytical study about empirical material produced about Custody and Psychiatric Treatment Hospitals, seeking to absorb the dynamics of the institution. It was possible to comprehend, from the perspective of the Critical Criminology, that the hospitalization is inefficient to its purpose, however, this inefficiency is only in the official discourse in the treatment of these subjects. The real discourse of the security measure establishes the segregation of these people once they are not capable of fitting in the logic of production of the capital, and for that the hospitalization has shown itself very effective, once it sets apart the subjects from their family and from their loved ones outside the custody.