O SISTEMA PENAL BRASILEIRO EM CASOS DE CRIMES COMETIDOS POR PSICOPATAS: UMA ANÁLISE A SUA CULPABILIDADE A LUZ DO ORDENAMENTO JURÍDICO PENAL

Abstract

The present work presents an approach to the penalties applied to crimes committed by people diagnosed as psychopaths. Thus, highlight the legal impacts and analyze whether the current penal legislation is able to apply adequate penalties to these individuals. The difficulties of the Law operators at the time of the applicability of the penalty and the framing in the imputability or semi-imputability, raises innumerable doubts since that article 26 of the Penal Code, brings us only mental disorders, incomplete or retarded mental development. That said, the questions related to the psychopath are left with no coherent answers, since in Brazil there is no specific Law regarding his guilt. The proposed work was developed in view of the numerous controversies and questions regarding the psychopath's treatment and guilt. before the Brazilian criminal legal system. For the humanities and legal sciences there is a great magnitude since the crimes committed by individuals with antisocial personality disorder, promote enormous social commotion and media effects. arrive at an objective definition for a better legal application in the subjects exposed above, specifically to the criminal law.That said, for the accomplishment of the work, the foundation is present in the theoretical references under the mentioned theme, it was developed based on the studies of books on criminal law, psychology and psychiatry, as well as series, films, news and articles that deal with the subject matter. Thus, the readings and studies carried out in the works of authors/doctors such as Miguel Reale Júnior, César Roberto Bitencourt, Rogério Greco, Guilherme de Souza Nucci, Júlio Fabrini Mirabete, Damásio de Jesus and Cleber Masson in the same way as psychologists and psychiatrists such as, Robert D. Hare, Ana Beatriz Barbosa Silva and Guido Arturo Palomba. Bibliographies will be searched in the FacMais virtual library, as well as in scientific texts on the internet. After the studies there will be comparisons of theoretical discussions with the results obtained in the research. Therefore, the first chapter of the work will explain the concept of psychopathy as it arises and manifests itself in these individuals, taking into account biological and social factors, as well as the characteristics of emotional traits, antisocial lifestyle and the medical treatment available. on protection and its rights (Law No. 10,216 of April 6, 2001). The second chapter will analyze the culpability under the institutes of imputability, semi imputability, in the context of the application of security measures. Finally, the third chapter will address the application of penalties to psychopaths, analyzing the jurisprudence of the STJ, since the lack of specific law leaves the state and society in legal uncertainty.