CRIMINAL LIABILITY AND SECURITY MEASURES IN BRAZIL: A CRITICAL STUDY ON CNJ RESOLUTION NO. 487/2023

Abstract

This study addresses the relationship between criminal liability and security measures in Brazil, with a special focus on the consequences of CNJ Resolution No. 487/2023, which aims to reformulate the legal treatment of people with mental disorders who commit crimes. The analysis focuses on the challenges and implications of the application of this resolution, taking into account the ethical and legal issues involved in the process of assessing imputability and the security measures applied to non-imputable individuals. The main objective of the research is to examine the transformations proposed by the resolution, highlighting their impacts on the penal system, especially for criminals who have mental disorders. The methodology adopted was of a bibliographic and documentary nature, with a critical analysis of doctrines, jurisprudence and the resolution itself, in order to understand the legal and social implications of its implementation. The study revealed that CNJ Resolution No. 487/2023 seeks to align itself with the principles of psychiatric reform and human rights, proposing alternatives to traditional treatment, marked by asylum institutions. However, the survey highlighted the practical difficulties of implementation, such as the lack of adequate infrastructure and the need for a more careful assessment of criminal liability and the application of security measures. The final considerations pointed out that, although the resolution is a significant advance, its effective implementation requires an adaptation of the judicial and public health system, with continuous monitoring to ensure that the rights of individuals are respected without compromising the security of society.