10/10/2024 – 12:04
The Federal Supreme Court (STF) will begin this Thursday, 10th, the trial of actions on the Anti-Asylum Policy established by the National Council of Justice (CNJ). The actions argue that the CNJ went beyond its powers when deciding on the issue that changes the application of Penal Code rules.
The change could only be made by law, as argued by the National Association of Members of the Public Ministry. The CNJ states that its resolution is directed to the Judiciary and aims to protect the right to health of people with mental disorders.
Among the measures advocated by the CNJ decision are the end of judicial asylums and the transfer of their patients to the Psychosocial Care Centers (CAPs) of the Unified Health System (SUS). The actions argue that CAPS currently do not have the capacity to meet the entire demand for specialized mental health care and the change would worsen the situation.
“The deinstitutionalization of several people undergoing treatment would represent a danger not only for society, but also for these same people. This is because there would not be enough CAPS to serve them, nor are there conditions in general hospitals to do so”, argues the Brazilian Psychiatric Association, which also does not recommend transfers to prisons so as not to hinder the care of more inmates.
The authors question whether the change would deprive people who need hospitalization from having it and present notes from medical entities that state that the change would lead to the release of people who are a threat to public safety.
According to the CNJ, the courts will have until November 29th to request an extension of the deadline to implement the resolution.
The four actions, all reported by Minister Edson Fachin, were related by Podemos, the Brazilian Psychiatric Association and the National Association of Members of the Public Ministry who question the unconstitutionality of the CNJ’s decision and by União Brasil which claims that the court was failing to comply with fundamental precepts.
In this Thursday’s session, Fachin will read his report and the parties will be able to present their arguments, as well as the Attorney General’s Office and interested third parties. Votes will only be presented in a future session. A new STF methodology establishes that, in complex cases, votes come in the future so that judges can reflect more time on the topic.
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