Principles of an alternative policy to judiciary asylums

  • Pedro Afonso Cortez Universidade São Francisco. Programa de Pós-Graduação Stricto Sensu em Psicologia
  • Marcus Vinícius Rodrigues de Souza Universidade Federal de Minas Gerais. Hospital das Clínicas. Departamento de Clínica Médica
  • Luís Fernando Adas Oliveira Faculdade de Administração, Ciências, Educação e Letras. Núcleo de Ciências Jurídicas
Keywords: Mental Disorders, Crime, Public Policies, Social Policy, Health Care Policy


Brazilian judiciary asylum hospitals are marked by exclusion and social segregation. Individuals who are not considered to be criminally responsible due to mental illnesses are destined to these spaces to comply with detention orders but do not receive the necessary mental health care, making it impossible to bring them back to social coexistence, thus sentencing these individuals to marginalization. In this context, we aimed at proposing principles for the definition of a Territorial Psychosocial Rehabilitation Policy as an alternative to the Brazilian judiciary asylums. To do so, the formation of the territorial policy in mental health was analyzed as an effective proposal for health care in the Brazilian context, and criticism was proposed on the current model of monitoring detention orders. Also, the contradictions related to the process of diagnosis and follow-up in mental health in the nonterritorial proposal were highlighted. Thus, after we established the critical points of the existing exclusionary model, we proposed an alternative policy, whose territorial foundation inserts the fulfillment of the detention orders into a context of social assistance and mental health care public policies, aiming at the full rehabilitation of the subject, as recommended by Law No. 10,216/2001.


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How to Cite
Cortez, P. A., Souza, M. V., & Oliveira, L. F. (2019). Principles of an alternative policy to judiciary asylums. Saúde E Sociedade, 27(4), 1206-1217.