A psicopatia perante o sistema criminal brasileiro

Abstract

The present work presents an analysis of the punishment system applicable to offenders con-sidered to be psychopaths. The interest in the problem arises from the need to adapt the puni-shment to the transgressor, seeking fairer and less harmful solutions to society, taking into account several problems related to how to solve the issue. We start from the analysis of the characteristics of individuals affected by psychopathy. The relationship between the aspects of imputability, non-imputability and semi-imputability is fundamental to understanding the way in which the doctrine sees the situation, since for each specific case, different sanctions apply. We also bring controversial points in the legislation that need to be resolved and stan-dardized. An analysis of the techniques used to diagnose suspects of having this disorder. The study of criminal sanctions is very important to understand which mechanism to apply when the offenders have the disorder in question. We conclude that the current system and the tre-atment of these people have been shown to be ineffective and demonstrating that it is neces-sary to deal with cases involving psychopaths. The adequate jurisdictional provision stems from the seriousness with which the subject will be treated by the State. Thus, encouraging the treatment of psychopathy and its surrounding aspects are essential and have significantly contributed to the social order as a whole.