Convicted, protected and the risk of developing mental suffering caused by the guardianship carried out

Aimed to analyze in the bibliography of law and mental health evidence that restrictive penalties of law or precautionary measures can trigger the manifestation of anxious and depressive symptoms. For this, the work was based on exploratory-descriptive narrative bibliographic research with a deductive and critical-reflexive approach. In order to reduce the damage caused by deprivation of liberty, precautionary measures other than imprisonment and the restrictive penalties of the law are assigned to offenders who do not pose a great risk to the rest of the population, being able to remain on parole. However, these guardianships still present risks for those who comply with them, mainly for mental health, directly impacting the person in custody or prison. It was inferred that the precautions and penalties studied may represent a certain risk for the development of mental suffering, highlighting, mainly, the risk for the appearance of anxious and depressive manifestations, but in different degre.