A irressocializabilidade de psicopatas e os dilemas dos sistemas penal e prisional brasileiros: o conflito entre a proibição da pena perpétua, direitos humanos e segurança pública

Abstract

The primary purpose of the Brazilian prison system is the resocialization of criminal individuals, while also punishing offenders for breaking the law and keeping them away from social coexistence. In light of this, the present study aims to analyze how the Brazilian penal and prison systems currently address offenders with Antisocial Personality Disorder (ASPD), commonly known as psychopaths, who commit serious crimes and are considered “non resocializable,” according to psychiatric and psychological understanding. The Brazilian penal system has limitations in the application of security measures directed at offenders with Antisocial Personality Disorder, as it does not provide specific treatment for serving prison sentences for these individuals and presents legislative gaps regarding legal procedures applicable after sentence completion.Among the factors involved in this topic are the principle of resocialization, the incorrigibility of psychopaths, public safety, the prohibition of life imprisonment and other permanent penalties, and the limitations of penal sanctions in Brazil. The study highlights the capacity of the penal system to balance two fundamental pillars of social well-being: human rights and the protection of society in the face of the high dangerousness and likelihood of recidivism of these individuals.The research was based on a mixed-methods approach, encompassing both bibliographical and documentary research, providing not only a theoretical understanding but also a practical perspective on the subject through the analysis of highly publicized legal cases in Brazil.From the development of this study, it was possible to identify the legislative omission in the Brazilian legal system regarding the treatment of individuals classified as irrecuperable who commit violent crimes, as well as the main consequences of this gap for society. The study concludes that the creation of specific laws is necessary, as offenders with ASPD, who exhibit a high degree of dangerousness and a significant probability of recidivism, cannot be reintegrated into social coexistence without posing a severe risk to society.