THE IMPORTANCE OF CUSTODIAL PSYCHIATRIC HOSPITALS: A LEGAL ANALYSIS

Abstract

This study addresses the importance of forensic psychiatric hospitals: a legal analysis. It aims to evaluate the current reality of Forensic Psychiatric Hospitals in fulfilling measures for the protection of individuals deemed legally incompetent. It is justified by its scientific contribution to the mechanisms of legal and procedural guarantees, whose links impact the guarantee of the right established in Brazilian law. Regarding the problem, it questions: Is it possible to improve the structure of these hospitals, reduce overcrowding, and guarantee humane treatment for those deemed legally incompetent? In terms of methodology, it is a bibliographic and documentary research with a qualitative approach that aims at reviewing the literature according to the contributions of authors such as Fonseca (2025), Franco (2024), Nakayama (2024), Sá and Lima (2023), Silva Paixão (2021), and others. The rationale allows for several hypotheses, such as: security practices, governance in the management and control of units, humane psychiatric treatment, and guaranteeing the dignity of the human person. Regarding the criteria, only works published in the Scielo and Google Scholar databases are included, primarily in Portuguese and addressing the descriptors "custody hospital" and "psychiatric treatment," while works published in other languages ​​and those unrelated to the descriptors "non-imputable" and "custody" are excluded.