Lawyers seek alternative for autistic prisoner on January 8

Among those arrested for alleged involvement in the acts of vandalism on January 8th is Jean de Brito Silva, 27 years old with autism, arrested on January 9th, in the camp in front of the Army Headquarters, in Brasília, with 1,200 other people. Due to Jean’s profile, which presents the difficulties inherent to his condition (such as needing help with personal hygiene) and not having a criminal record, his lawyers have already made several requests for his release to Minister Alexandre de Moraes, of the Federal Supreme Court (STF) , since January.

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Jean’s lawyer, Sílvia Cristina, informed the People’s Gazette that the requests to the Court were accompanied by several probative documents, the latter of which had a new technical opinion and medical report. However, according to her, the requests were not appreciated and Moraes kept the autistic prisoner.

A medical report, presented on March 14 of this year, explains that Jean has Moderate Intellectual Disability and Autistic Spectrum Disorder, illnesses that are acquired in early childhood or are congenital, with no prospect of improvement. He was born in Juará (MT), from a family of collectors of recyclable materials.

Jean’s lawyers also requested a new Indirect Technical Opinion of Forensic Psychiatry and Legal Psychology to attest, again, the detainee’s inability to remain in custody. According to the opinion, interviews were carried out with Jean’s relatives to collect relevant information and the data were analyzed from the perspective of applied knowledge of Psychiatry and Clinical and Forensic Psychology. The guidance is for Jean to be released or sent to a custodial hospital.

According to the technical report, Jean’s mental illnesses indicate that he “needs permanent multidisciplinary treatment, with the right guaranteed in the normative framework and has an increased risk of suicide in prison”.

Faced with “medical and psychological perspectives”, specialists indicate “the antecedent prioritization of health care, anticipating mechanisms that restrict freedom”. And they also point out that the detainee “needs primary mental health care, rather than imprisonment, as is clear in Resolution 487, of the CNJ, which determines the mental health treatment of the detained person throughout the course of the execution of the measure of security”.

By resolution of the National Council of Justice (CNJ), the judicial authority must determine the most appropriate modality for the health treatment of the accused person, having previously heard and considered the opinion of the medical and interdisciplinary team, considering the biopsychosocial evaluation, other tests eventually carried out in the instruction phase and the care to be provided in an open regime. It must also assess the possibility, extent and need for continuity of the security measure, at least annually. According to the norm, the decision is not conditional on the completion of mental health treatment.

A People’s Gazette contacted the Federal Supreme Court (STF) and the Brazilian Bar Association (OAB) to find out if they would rule on Jean’s case, but there was no response from the institutions until the publication of the article. The space remains open.