Flows of deinstitutionalization and punitive bureaucracy in Brazil

Abstract

This article aims to address the analytical relevance of the procedural flow methodology as a lens to uncover the mechanisms of exclusion from the procedural flow of deinstitutionalization of people with mental disorders in conflict with the law in Brazil, based on data from the National Council of Justice. The investigation seeks to expose the bureaucracy inherent in the procedural stages, revealing how the procedures, the management of waiting periods, and dangerousness as a legal fiction operate as devices that reinforce social inequality. The investigation aims to shed light on studies that consider procedural transits and times, quantifying and qualifying the flows, transits, and delays inherent in the internment of individuals with mental disorders subject to criminal law. For the investigation of legal itineraries, we adopted the flow methodology from a qualitative-quantitative perspective. In the end, we observe expansive precautionary measures, a custody circuit, and the management of waiting periods.