A Resolução nº 487/2023 do Conselho Nacional de Justiça : uma análise da implementação do processo de desinstitucionalização no estado de Minas Gerais

Abstract

The present monograph carried out an analysis of the process of implementation, in the state of Minas Gerais, of the guidelines contained in Resolution 487/2023 of the National Council of Justice – NCJ, that provides for the deinstitutionalization of people who have mental disorder or any form of psychosocial disability and are, in any way, under criminal custody of the state or in conflict with the law. It was a bibliographic study that created an evolutionary line around the anti-asylum policies; demonstrated, in general, through the fragmented analysis of the Resolution, how its guidelines were laid down by the NCJ for effective implementation in the states; and evidenced, by the participant-observation of meetings and transcript of minutes, the discussions and challenges faced by the State Inter-institutional Committee for Monitoring the Anti-Asylum Policy – SICMAP of Minas Gerais, aiming to point how the implementation and construction of the deinstitutionalization process in that State. Participation in SICMAP meetings and analysis of the documents produced by it covered the period from June 2023 to October 2024. It was observed, at the end, the conflicts of adequacy of the premises of the Resolution to the state reality; the direct relationship between the territorial extension of the state of Minas Gerais and its high number of municipalities with the difficulty of implementation of deinstitutionalization directives; the insufficient number of professionals to carry out this process; the need for ideological and procedural alignment between organs of the Judiciary and the Executive involved, mainly around the initially established deadline and successful deinstitutionalization; the insufficient stipulated time limit for full implementation of the provisions of the Resolution. Thus, due to the need for better structuring and execution of services, of the agents involved in effective fulfillment of the deinstitutionalization process in Minas Gerais, given that the agenda had not been exhausted, the meetings of the Committee continued in order to achieve the proposed objectives.