Trajetória de criação da ala especial de medidas de segurança na Penitenciária III de Franco da Rocha: o circuito da periculosidade

• Ano de defesa: 2018
• Autor(a) principal: Barros, Andrea Saraiva de
• Orientador(a): Vicentin, Maria Cristina G.
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Psicologia: Psicologia Social
• Departamento: Faculdade de Ciências Humanas e da Saúde
• País: Brasil
• Palavras-chave em Português: Periculosidade (Direito); Doentes mentais - Medidas de segurança e detenção; Prisioneiros doentes mentais; Política de saúde mental; Ala Especial da Penitenciária III de Franco da Rocha
• Palavras-chave em Inglês: Danger (Law); Mentally ill prisoners; Mental health policy
• Área do conhecimento CNPq: CNPQ::CIENCIAS HUMANAS::PSICOLOGIA::PSICOLOGIA SOCIAL
• Link de acesso: https://tede2.pucsp.br/handle/handle/21593

Since the advent of the Law of Psychiatric Reform (Law nº 10.216 / 2001), people diagnosed with mental disorder have been considered subject of rights. Nonetheless, when faced with potential legal consequences there is a frequent scenario of violations. To these people the law attributes the statute of incomputability that removes them from the legal system and that comes with a presumed dangerousness. A safety measure is applied to them, which implicates compulsory determination of treatment that should occur in an outpatient basis or in an inpatient treatment in a Hospital of Custody and Psychiatric Treatment – HCTP. In the state of São Paulo there were hundreds of people waiting for placement in the HCTPs, distributed in regular prison units without assistance. To address that, an alliance between Psychiatry and Justice was created and a cooperation term was established that led to the creation, in 2014, of a psychiatric ward – still inside a regular penitentiary – that could concentrate these people in an irregular situation. The objectives of this research are to reconstruct this history of creation and to understand what today corresponds to the application and execution of safety measures as well as through which paths the reissue of the notion of dangerousness has been occurring. To do so: a) a literature review was carried out around the following axes: the security measures application’s logic in Brazil; the construction of the dangerous subject; the concept of deinstitutionalisation, which guided the Psychiatric Reform, and the disputes that were established in the scenario of security measures, starting from Law nº 10.216 / 2001, highlighting the events of the São Paulo context; b) interviews were made with subjects who participated actively or followed closely the process of creation of that ward; c) analysis of the verification reports of dangerousness’ termination of a 86 patients group who were awaiting for placement in an irregularly confined hospital at psychiatric wards of regular penitentiaries. The empirical study discussed through some analysts, the alliances and tensions in the configuration of the Ward, looking especially at the issue of the drug user subject, a growing phenomenon in all Penitentiary System. Based on the theoretical contributions of Michel Foucault and the authors of Institutional analysis, we were able to understand that judicial asylums and special wards are only some of the spaces of a management model in transinstitutional circuits that absorb the ungovernable subjects, marked by a new situational notion of dangerousness