HISTORICAL CONTEXT OF CRIMINAL MEASURES AGAINST “INSANE” OFFENDERS UNTIL THE ENACTMENT OF LAW NO. 10.216/2001

Abstract

This article analyzes the historical context of penal measures applied to so-called “criminally insane” individuals, focusing on legally irresponsible adults. Through a bibliographic review and legislative analysis, the study explores the period from colonial Brazil up to the enactment of Law No. 10.216/2001. Over time, mental disorders were addressed through exclusion and institutionalization. The 1940 Penal Code introduced security measures as an alternative to punishment, and the 1984 reforms improved this model. Law No. 10.216/2001 marked a turning point by proposing a more humane approach centered on social reintegration. However, despite legal progress, practical challenges remain, such as the persistence of asylum-like structures in Custody and Psychiatric Treatment Hospitals