THE INFLUENCE OF MENTAL DISORDERS ON THE APPLICATION OF PENALTIES: A DISCUSSION ON HOW PSYCHIATRIC DIAGNOSES AFFECT JUDICIAL DECISIONS, TAKING INTO ACCOUNT THE SEVERITY AND DANGEROUSNESS OF THE AGENT

Abstract

This paper addresses the influence of mental disorders on the application of sentences in the Brazilian judicial system, analyzing how psychiatric diagnoses impact judicial decisions regarding the severity of the disorder and the dangerousness of the offender. The general objective is to analyze the influence of mental disorders on the application of criminal sanctions by assessing how severity and dangerousness impact judicial decisions and the sentencing. Specifically, the study seeks to define mental disorders, investigate the relevance of psychiatric reports, and understand how these elements influence judicial decisions. The research is qualitative and descriptive, based on a bibliographic review of articles published between 2020 and 2024 in databases such as SciELO, Google Scholar, and LexML Brazil. It uses legal frameworks, such as the Penal Code, the Federal Constitution, and the Penal Enforcement Law, in addition to analyses of specific cases. The results show that psychiatric reports play a central role in determining judicial measures, allowing for more informed and proportionate decisions. Concrete cases demonstrate how assessments of non-imputability and dangerousness influence security measures and penalties, based on the principles of proportionality and reasonableness. It is concluded that the integration between Criminal Law and Psychiatry is essential for fair judicial decisions, balancing social protection and respect for human dignity. Progress in inclusive public policies and in the technical training of legal professionals is crucial to consolidate a more equitable penal system that is sensitive to mental health issues.