A responsabilidade penal do estado diante do apenado com transtorno de psicopatia: uma visão jurídica e humana

Abstract

With regard to criminal liability, it is understood that, currently, in Brazil the majority understanding (it is not peaceful) is that the psychopath is semi-imputable and as a result, as a rule, they are punished with security measures, as per the art. 26, sole paragraph of the penal code. However, there is no reference to the psychopath in Brazilian legislation. Thus, there is a regulatory gap in relation to crimes committed by individuals with psychopathy, as there are no specific policies or legislation to pacify situations of crimes involving people with this mental illness, therefore, it is necessary to draw up policies or standards that regulate the attitudes to be taken in these cases, as well as the criminal responsibility of the psychopath. Psychopathy has no cure and has been a problem in the Brazilian prison system, as none of the security measures or penalties are effective for the rehabilitation of psychopathic criminals. Therefore, it is an issue that needs the attention of the competent authorities, as crimes of great social outcry usually involve these individuals who, many times, do not have their rights guaranteed. Thus, this work seeks to highlight the existing regulatory gap in the Brazilian penal system, promoting a reflection of a social and legal nature. In addition, analyze the security measures existing in the Penal Code that apply to the individual who suffers from a psychopathic disorder and analyze the issue of culpability for individuals who suffer from this disease. Finally, present to the viewer a social and human vision about what psychopathy is, its types, definitions and possible causes. This time, given the importance of this situation, its consequences and the need for specific regulation, this paper contributes to a brief reflection, under a legal and social view, about the state's duty and its criminal responsibility in the face of inmates with psychopathy.