ANÁLISE DA INIMPUTABILIDADE DA PSICOPATIA NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

The present study aims to address the theme of psychopathy and the analysis of unimputability in the applicability of Criminal Law, since, since the diagnosis of a psychopath is difficult, the study of the psychopath must be done individually, for each specific case. In order to reach the proposed objective, the method of bibliographic review was adopted, based on the analysis of specialized works on the subject, having as a reference the theories adopted by Otávio Marçal Dobri, Gabriel Felipe Rodrigues Damaceno, Rogério Sanches, Fernando Capez, Ana Beatriz Barbosa Silva and Bárbara da Conceição Borges Soares, Guilherme de Sousa Nucci and Thainá Dias Silva. Regarding the structure of the work, initially the characteristics of individuals who have psychopathy will be demonstrated, the classifications of these subjects and the elements that differentiate psychopathy from other mental illnesses, in particular, sociopathy. In a second moment, we will deal with culpability, addressing its elements, as well as about the existing sanctions or penalties in the Brazilian legal system for those in which the degree of culpability is reduced to the detriment of some mental pathology. This path will make it possible for the last chapter to analyze the difficulty of criminal legal treatment in relation to individuals diagnosed with psychopathy and, for this purpose, two cases of great repercussion in the social environment will be analyzed, namely that of Chico Picadinho and Suzane Von Richtofen. In the end, it was possible to conclude that the legal system, despite trying to measure the paths of psychopathy, due to the lack of laws covering this topic, as well as due to the lack of public policies and, even, due to the complexity of the diagnosis, becomes it is difficult to reach a conclusion about the correct measure to be applied to the psychopath nowadays, which is why, there must be an investment in order to think about the theme in the Brazilian State, providing effective resolutions that are attentive to the reality of each convict.