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Frois, Catarina (2025). The End of "Life-Long Detention" for the Criminally Insane in Portugal: The Paradox of Risk Management, Care, and Punishment of Mental Illness. EASA Confinement Network Workshop: Confinement Continuums: Punishment, Protection, Action.

C. L. Frois,  "The End of "Life-Long Detention" for the Criminally Insane in Portugal: The Paradox of Risk Management, Care, and Punishment of Mental Illness", in EASA Confinement Network Workshop: Confinement Continuums: Punishment, Protection, Action, Gotemburgo, 2025

@misc{frois2025_1788164869830,
	author = "Frois, Catarina",
	title = "The End of "Life-Long Detention" for the Criminally Insane in Portugal: The Paradox of Risk Management, Care, and Punishment of Mental Illness",
	year = "2025",
	howpublished = "Outro"
}

TY  - CPAPER
TI  - The End of "Life-Long Detention" for the Criminally Insane in Portugal: The Paradox of Risk Management, Care, and Punishment of Mental Illness
T2  - EASA Confinement Network Workshop: Confinement Continuums: Punishment, Protection, Action
AU  - Frois, Catarina
PY  - 2025
CY  - Gotemburgo
AB  - In this communication I examine the end of "life-long detention" for the criminally insane in Portugal in the context of recent amendments to the country's mental health law. These legal changes, which limit the duration of security measures for individuals deemed criminally insane, bring to the forefront a central paradox: the intersection of risk management, care, and the punishment of individuals diagnosed with severe mental disorders.  
While the reform has been celebrated as a human rights milestone, its implementation raises critical challenges. The law is being enforced, but there is no structured follow-up for the individuals released from detention, raising concerns about their reintegration into society and the adequacy of ongoing support for their mental health needs. Furthermore, the reform faced strong opposition from the psychiatric community, which expressed concerns about its potential risks, arguing that it prioritizes legislative progress over a nuanced understanding of clinical and social realities. 
This research interrogates the symbolic and institutional dynamics involved in the shift from a punitive paradigm to a model that incorporates care, while still maintaining elements of social control and stigmatization. It argues that, while the abolition of indefinite detention reflects a shift in legal principles, it also generates tensions between societal protection and the acknowledgment of the subjectivity and dignity of the criminally insane. 
ER  -