Psicopatia: sanções penais aplicáveis aos psicopatas no direito penal brasileiro

Abstract

Typical behaviors of psychopathic individuals include a lack of affection, empathy, regret, as well as a repetitive pattern of violating the rights of others. Psychopaths are not necessarily criminals, just as there are many criminals without a diagnosis of psychopathy. This study has the general objective of examining the way in which Brazilian criminal law holds psychopathic criminals responsible, analyzing which sanctions are applied in cases of violent crimes. To do this, the objective is initially to understand psychopathy based on medical-psychiatric studies, differentiating it from mental illnesses. Furthermore, the relationship between psychopathy and the commission of crimes will be analyzed, briefly showing the historical evolution of the concept of psychopathy to the current methods of diagnosing it.Next, it will address the imputability of the agent and how Brazilian courts have been deciding when faced with such criminals. Finally, we seek to present measures that can be implemented in Brazil to prevent criminals with a psychopathic personality from repeating violent crimes. For the present research, a qualitative study was used, of a bibliographic and documentary nature, with descriptive analysis, with the use of the results classified as pure. As a result, it is understood that Brazilian criminal legislation is in disharmony with current studies on psychopathy, making the existing forms of criminal liability insufficient in combat the criminal recidivism of these individuals. Finally, to respect the principle of individualization of punishment and so that various violent crimes are not disseminated in Brazilian society, a criminal sanction must be implemented for the psychopathic criminal in an appropriate establishment and with effective monitoring by a duly qualified multidisciplinary team.