"Essa medida de segurança é infinita ou tem prazo de vencimento?" - Interlocuções e desafios entre o direito e a psicologia no contexto judiciário

Abstract

The Psychosocial Section of the Criminal Executions Court of the Federal District Court of Justice assists people who are under civil commitment, namely a legal sentence that labels them as sick people and criminals. In the juridical context, there are two options facing them: outpatient treatment or internment in a secure hospital facility and psychiatric treatment. In these options, requirements, such as tests to verify the cessation of danger, duration of imprisonment and existence of a relative who can shelter them, are examined to permit a favorable judicial decision of conditional release leading to removal from the sphere of justice. This is a third possible path. Through the analysis of an emblematic case, this article seeks to examine the sentence imposed on these people. The intention is, therefore, to give voice to the unimputable and/or the semi-imputable, people who are considered wholly or partially unable to respond to the illicit nature of the act they have committed, according to the Brazilian Criminal Code. The interlocution and the challenges between law and psychology in the juridical context emerge as a possibility by them of building another discourse, a line of thought that seeks the acquisition of autonomy and responsibility.