Mental illness in Brazilian penal law: legal irresponsibility, potentiality for danger/aggressiveness and safety policies

Abstract

Psychiatric information and practice are closely related with the field of criminal law, questioning classical penal law premises, such as responsibility and freewill. We have analyzed the articles related to mental health in Brazilian penal laws, since Código Criminal do Império do Brazil (Brazilian Empire criminal laws) from 1830. Our objective is to describe the structuring of a legal status for the mentally ill in Brazil, as well as the model of penal intervention in the lives of those considered as 'dangerous' and 'irresponsible'. In order to do so, we have analyzed not only specific articles on penal law, but also texts by specialized analysts. In addition, we have discussed the concepts that keep mentally-ill criminals in a rather ambiguous situation, i.e. legal irresponsibility, potential aggressiveness and safety policies.