On the protection of the legally incapable in Brazil: the (ir)reconciliation between Criminal and Civil Law

Abstract

Based on the analysis of the case of Juvenal Raimundo de Araújo, this paper seeks to criticize the complete dissociation between the branches of Criminal and Civil Law, specifically in the treatment given to those considered incapable. When predicting institutionalization by an undetermined period of time of non-imputable individuals who committed a felony, the law maintains these persons far from community and family ties while hospitalized for psychiatric treatment. It was noticed that the weakening of such ties had negative repercussions years later, by the time of these persons’ release, who often needed assistance to manage some acts of their civil life, requiring conservatorship. It is possible to conclude that, disregarding the complexity of the human being when making decisions that impact indefinitely in persons’ lives, there is an aggravation of situations of vulnerability, which is why a more global and systemic view of legal problems is necessary for the promotion of human dignity.