Can reason be a tool for including madness? Views on the security measure

Abstract

This essay discusses, from the point of view of Human Rights and based on the General Theory of Crime adopted by the Brazilian Penal Code, the case of individuals declared inimputable for mental illness who practice a typified fact as a typical and illicit crime. The legal concepts required to understand the appropriate judicial procedure for the declaration of inimputability of a defendant in criminal action
are presented, specifying the legal consequences of such declaration, that is, the imposition of a security measure. It also assess the possibility of, in the practice of facts typified as crimes by inimputable subjects, using other extra-criminal resources, which meet the principles of the Anti-Asylum movement, affirmed by Law nº. 10.216/2001, in order to guarantee the protection of rights of persons with mental disorders, as opposed to the Penal Code.