Dangerousness: a proposition to reframe the concept considering the Psychiatric Reform Movement Periculosidade: uma proposta de ressignificação do conceito à luz da Reforma Psiquiátrica
Tipo
Artigo
Data de publicação
2023
Periódico
Revista Eletronica Direito e Sociedade
Citações (Scopus)
0
Autores
Sacchetin B.F.
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Resumo
© 2023, Universidade LaSalle - Unilasalle. All rights reserved.The thinking about the construction and signification of concepts in the scope of Law is of great importance, because it relates to the support of legal theories and analysis and to the structuring of scientific knowledge. According to the Conceptual History, by Koselleck, concepts are always polysemic and their meaning is always changeable, depending on the context in which they are inserted. In the intersection between Criminal Law and the health studies area, the concept of dangerousness has been given a lot of meanings historically, however, Brazilian law currently does not define the exact criteria to ground the security measure, and it is hard to the health area to work with this polysemy. Thus, this research proposes the resignification of this concept in the context of Brazilian Psychiatric Reform Movement so it is able to guarantee that its application seeks to the protection of people diagnosed with psychopathology.