Serial killers e a justiça brasileira: o tratamento do direito penal em crimes de grande impacto

Abstract

Crimes committed by serial killers expose structural weaknesses within the Brazilian criminal justice system, particularly regarding investigation, criminal liability assessment, and sentencing. Due to the absence of a specific legal classification for serial killers, these offenders are judged under general homicide provisions, which often fail to reflect the level of dangerousness and the high risk of recidivism involved. As Ilana Casoy states, “Brazil lacks the investigative and institutional structure to deal with serial killers efficiently” (CASOY, 2014, p. 14). This article analyzes criminological, psychological, and legal aspects of serial homicide, examining emblematic cases in Brazil and abroad. A comparative analysis with jurisdictions such as the United States, Germany, the Netherlands, and Canada highlights that the solution does not lie in creating a new criminal offense, but rather in improving and properly applying existing legal mechanisms. The study employs qualitative, exploratory, and comparative methodology based on literature review and case analysis.