A imputabilidade penal do psicopata perante o direito penal brasileiro

Abstract

This paper aims to study the psychopaths immersed in society and will discuss in depth their habits, characteristics, mental illnesses and, mainly, the guilt of their criminal acts through the lens of the Brazilian legal system. Using a deductive approach method and the investigation of specific cases, it was possible to analyse the disorder called psychopathy, its symptoms, the divergence of concepts amongst different areas, and mostly, the use of different legislation to cases involving psychopath offenders, resulting in verdicts incompatible with the reality of psychopathy. The results show that, in the Brazilian legal system, there is no legislation applicable to psychopaths; and that the lack of such legislation, in addition to be absence of criminal policies which act directly in preventing the recurrence and surveillance of these individuals, are the main drivers behind the persistent occurrence of new crime.