BETWEEN ANTI-ASYLUM POLICY AND INSTITUTIONAL REALITY: ANALYSIS OF THE REPERCUSSIONS OF CNJ RESOLUTION N. 487/2023

Abstract

The purpose of this study is to examine the impacts of CNJ Resolution N. 487/2023 on the actions of the Judiciary, with an emphasis on guidelines for the treatment of people with mental disorders in conflict with the law. The research begins with a historical contextualization of the anti-asylum movement, addressing psychiatric reform in Brazil. Next, it analyzes the treatment given to those who are not criminally responsible in the criminal sphere. Subsequently, the study examines the content of Resolution N. 487/2023, identifying its main measures. Finally, the progress and main challenges in the implementation of the CNJ Resolution are discussed, based on the evaluation of data produced and inspections carried out in penal units. To this end, a qualitative and exploratory methodological approach was adopted, based on a review of the literature and documentation. Preliminary results indicate that the Judiciary's actions regarding individuals with mental illness in the criminal justice system are still in their infancy and strongly influenced by traditional asylum practices. Despite the enactment of the Resolution and specific experiences of adaptation, the lack of adequate structures hinders the full implementation of the deinstitutionalization policy.