PSICOPATIA E DIREITO PENAL: análise da responsabilidade penal aplicada aos psicopatas pelo direito brasileiro

Abstract

The present research has as its theme psychopathy and Criminal Law, approaching the legal problem that consists in the way in which psychopathic criminals must be considered by the Brazilian Criminal Law, so that it is possible to identify the culpability of this individual. This research is justified by the absence of express provision in criminal law on the procedures to be adopted in relation to psychopathic people pointing as hypotheses, interpretations that can lead to criminal capacity, criminal incapacity or diminished criminal capacity. Besides, there is a lack of knowledge of the psychopath figure in the criminal scope, which leads us to try to understand the human mind in an attempt to comprehend how this disorder affects the lives of people who have it and to what extent the security measures applied by justice are effective in solving the issue concerned. Finally, the present undergraduate final Project discusses the possible treatments, involving psychotherapy, hospitalization and even medication, noting that the expected effects rarely occur, thus, It seeks to show what would be most advisable in order to obtain a more satisfactory result for society.