ADHD AND INCARCERATION IN BRAZIL: SOCIOECONOMIC VULNERABILITY, SELECTIVITY IN THE CRIMINAL JUSTICE SYSTEM, AND CHALLENGES FOR CRIMINAL LAW

Abstract

This article examines the association between attention-deficit/hyperactivity disorder (ADHD) and incarceration in Brazil, considering socioeconomic vulnerability, criminal justice selectivity, and legal safeguards. It adopts an exploratory, qualitative bibliographic and documentary approach, structured as a narrative review and a critical analysis of legislation and institutional documents. Meta-analyses, observational studies, and clinical trials are compared, with particular attention to Swedish records on medication and convictions, adolescents subjected to juvenile justice measures in Curitiba, and interventions in European prisons. Estimated ADHD prevalence depends on sampling and assessment methods, and statistical associations do not, by themselves, establish causality. Brazilian evidence describes overlapping clinical, social, and educational vulnerabilities but does not demonstrate criminal justice selectivity specifically attributable to an ADHD diagnosis. ADHD does not justify a presumption of dangerousness or automatically modify criminal responsibility. Individualized legal assessment remains essential, while access to healthcare is a state obligation during deprivation of liberty.