Forensic psychiatry and brazilian penal system: a documentary ethnography of mental health examination reports in Paraíba
documentary ethnography; criminal forensic psychiatry; security measure; mental health examination; antimanicolonial psychiatric reform.
Provided for in brazilian criminal procedural legislation, mental health examinations are part of what are known as insanity incidents, initiated when there is suspicion about the mental condition of the accused person, either during the police investigation or in the course of criminal proceedings. This thesis investigates the content of the reports resulting from these examinations, employed as a technology for producing subjects deemed legally irresponsible. It analyzes how criminal law and psychiatry interact in this context to determine deprivation of liberty, which predominantly affects racialized and impoverished bodies. The study adopts an integrative literature review and field research based on documentary ethnography, treating as ethnographic artifacts the mental health examination reports found in the records of five incidents processed between April 2021 and April 2023 within the criminal justice system of Paraíba. The investigation is guided by the anti- manicomial perspective of the Psychiatric Reform — an anti-colonialist approach that challenges the racist paradigms historically embedded in the constitution and reproduction of asylums. The thesis seeks to understand the dynamics of power at the interface between the criminal justice system and psychiatry, reflecting on how legal and psychiatric knowledge operate in the selection and control of the incarcerated population. It argues that colonial-modern power relations presuppose epistemic domination, which sustains the formulation of discriminatory notions and the imposition of dominant standards and perspectives. The analysis of the reports — treated as ethnographic artifacts — raises questions about the contexts, agents, and rationalities that guide their production, revealing them as central instruments in the construction of subjects through the actions of state actors. The preliminary investigation reflects on how the production of these reports sustains, updates, and legitimizes the colonial and racist project, even in light of legal frameworks such as Federal Law No. 10.216/2001, which prohibits institutionalization in asylum-like facilities, and the Convention on the Rights of Persons with Disabilities.