Law that changes the length of stay for defendants with mental disorders is voted on by deputies

This Thursday (12) the Chamber of Deputies approved a bill that changes the hospitalization period for defendants who have a mental disorder who are penalized with security measures such as hospitalization.

Defendants with mental disorders

Currently, according to the Penal Code, people who have a mental disorder are not held criminally responsible. “because they cannot understand the illicit nature of the actions”. And they are only detained under security measures, such as, for example, hospitalization in a psychiatric hospital. According to the law, these “hospitalizations” last from one to three years, varying according to the judge’s judgment.

The proposal voted on this Thursday (12) changes the period from three to twenty years, still in accordance with the judge's decision, and also varying depending on the crime committed by the defendant.

_{Chamber of Deputies (Photo: reproduction/Bruno Spada/Chamber of Deputies)}

More details about the law

The project voted on this Thursday had 238 votes in favor and 111 against. Now the text will be forwarded to the Senate, where it will be analyzed. The bill was developed by Delegate Waldir (União–GO) and was reported by deputy Delegado Palumbo (MDB-SP). The person responsible for reading the project opinion was deputy Carla Zambelli (PL-SP).

In the text, the new minimum deadlines established depend on the severity of the crime. Those crimes with great violence will have a minimum term of seven years and those that result in death will have a minimum term of 15 years. According to federal deputy Delegate Palumbo: “Such a gap results in legal uncertainty, unequal treatments and limitations in the development of effective strategies for social reintegration.” However, the text divided opinions in the Chamber of Deputies.

“This project is to make the unattributable imputable. It is to consider him someone who must die segregated from society, without conditions for resocialization. It’s cruel, a setback, a delay” declared deputy Chico Alencar (PSOL-RJ).

The bill was supported by the public security bench and also by the PL and União party benches. The PT and PSOL parties were against the proposal to change the law.

Featured photo: Deputy Carla Zambelli (Reproduction/Chamber of Deputies)