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Int J Law Psychiatry
June 2023
University of São Paulo at Ribeirão Preto College of Nursing, PAHO/WHO Collaborating Centre for Nursing Research Development, Brazil. 3900 Bandeirantes Av. - Campus Universitario. 14040-902, Ribeirão Preto / SP, Brazil. Electronic address:
In the Brazilian penal system, a person with a mental disorder who commits an offense may be exempt from penalty if, at the time of the offense, they were entirely unable to understand the illicit character of the fact. A forensic psychiatric expert makes this determination and may also recommend to the magistrate the type of commitment to be applied. As a rule, this measure is stipulated based on the judge's sentence rather than the kind of treatment that the mental disorder requires.
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