THE LACK OF BEDS IN CUSTODY HOSPITALS: REFLECTIONS ON PSYCHIATRIC REFORM IN BRAZIL Isabela Maria Amante Pedroso
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Abstract
The present text aims to discuss the lack of vacancies at custody
hospitals in Brazil for the fulfillment of the security measure of
hospitalization imposed on the inimitable and semi- imputable.
The 99th article of the penal code express that the inmate will be
collected to an establishment endowed with hospital features and will
undergo treatment, however, with the lawsuit, the proportion between
the number of vacancies in custody hospitals and the number of people
that should be held inmate differs in alarmant levels. The excecution,
in practice, becomes cloudy and precarious, because of the great
deficiencies already existent in the system of application of measures
of treatment to the inimputable ones. However, there exist a huge
parallel between the constutionality of submit an individual to a HCT
treatment and the unconstitutionality of it being fulfilled in different
circunstances of the ones provided by the law and in first grade decisions,
like in common prisions. To propose a solution to this, it's necessary to
enter the world of security measures and, briefly, in the brazilian
psychiatric reform, using a documentary and bibliographic method,
in addition to the current legislation, to, this way, purpose a solution
through outpatient treatment, since, once the Brazil does not have
enough resources to supply the demand of those people’s subject to
hospitalization.