THE INDIVIDUAL WITH MENTAL DISORDERS INIMPUTABILITY AND THE APPLICATION OF SAFETY MEASURES PROVIDED FOR IN THE BRAZILIAN CRIMINAL CODE

Abstract

The present study has the general objective of analyzing the regime of non-accountability of people with mental disorders and the application of security measures provided for in the Brazilian Penal Code. This is a bibliographic research with a deductive approach. The non-accountability of individuals with mental disorders is a legal concept that recognizes the inability of these people to understand the illicit nature of their actions or to determine themselves according to this understanding at the time of the infraction. In the context of the Brazilian Penal Code, when an accused is considered unaccountable due to a mental disorder, he is not subject to criminal punishment, but to security measures established by the legal system. These measures aim to combine the protection of society with the treatment and rehabilitation of the individual. Admission to a psychiatric custody and treatment hospital is one of the security measures provided for, where the individual receives adequate medical treatment for his or her mental condition. The application of these measures aims to balance justice and mental health, ensuring that individuals unable to be held accountable for their actions are treated appropriately and that society is protected from potential risks arising from their mental state. However, the inappropriate use of security measures, applied indiscriminately, can lead to the perception of impunity and stigmatization of the mentally ill. Therefore, it is essential to find balance in its application, considering appropriate assessments and promoting mental health and rehabilitation policies.