The Chamber of Deputies approved this Thursday (12), by 238 votes to 111, a bill that increases the period of hospitalization for defendants who have mental disorders from three to 20 years. The text goes to the Senate for analysis.
According to the Penal Code, people who have mental disorders and have committed crimes are considered unaccountable and are exempt from punishment for not being able to understand the illicit nature of their actions. In these cases, defendants must comply with security measures.
Among the security measures provided for in the current law is hospitalization in a psychiatric custody and treatment hospital or in another suitable establishment, a decision that will be up to the judge.
The project approved this Thursday suggests that the minimum period of hospitalization be between three and 20 years, being maintained as long as there is no medical expertise certifying the end of dangerousness. Current law establishes a minimum period of one to three years.
According to the project, hospitalization must comply with the following deadlines:
- seven years, for crimes involving violence or serious threat;
- 15 years for crimes resulting in death.
The proposal also increases the period for the defendant’s hospitalization to be reevaluated to every three years. Current law sets a deadline of just one year.
Discussion
The project is authored by former deputy Delegado Waldir (União-GO) and was reported by deputy Delegado Palumbo (MDB-SP). The opinion, however, was read by deputy Carla Zambelli (PL-SP) in plenary.
The text was supported by congressmen from the public security bench and parties such as PL and União, but was criticized by benches such as PT and PSOL.
In the opinion, the rapporteur states that the Penal Code “lacks details regarding the time of application, evaluation criteria and the need for continuous supervision” regarding security measures for non-imputable individuals.
“Such a gap results in legal uncertainty, unequal treatments and limitations in the development of effective social reintegration strategies”, says Palumbo.
Representative Chico Alencar (PSOL-RJ) classified the project as “cruel” and defended more discussion about the text.
“This project is to turn the unattributable into the attributable. It is to consider him someone who must die segregated from society, without conditions for resocialization. It’s cruel, a setback, a delay”, said Alencar.
