A teoria da culpabilidade aliada a interpretação dos estudos da neurocriminologia no que se refere à ocorrência do crime futuro

Abstract

In summary, this work seeks to present a general study on the theory of culpability observed Welzel's finalist theory of action, common in light of the Brazilian Penal Code. However, with the proposal of a new interpretation of neuroimaging studies regarding the criminal responsibility of the agent. Promoting a discussion about the possibility of applying the Rorschach test and neuroimaging exams, namely: positron emission tomography (PET), functional magnetic resonance imaging (FMR) and magnetoencephalography in a mandatory format in the Brazilian judiciary, especially in sphere of criminal execution that deals with heinous crimes. In this sense, the general objective of this research is to propose a brief discussion about the collaboration of Neurolaw with the theory of culpability with regard to the classification of the attributable and the non-imputable. The research is exploratory in nature and qualitative in nature, being developed based on a bibliographical review of articles, monographs and other scientific works which address the theme of this study. Therefore, the consultations are based on literature of the genre and digital scientific research consultation platforms, mainly the SCIELO - Scientific Electronic Library Online and Google Scholar platforms with the aim of developing and improving the work based on the survey of facts already consolidated from the perspective of neuroimaging and the Rorschach Test. The analysis of the research takes place through the application of the hypothetical deductive method, considering the results of discussions about the mind of the individual prone to committing the crime. The first chapter presents the theories of culpability and its elements. Next, the implications of Neurolaw are discussed, especially in the scientific field. Moving on to the third chapter, the debate begins about the Rorschach Test and neuroimaging exams, including the Von Richthofen case. Furthermore, in the fifth and final chapter the applicability of Neurolaw was analyzed in a comparative format between some countries. Finally, it was concluded that in addition to the positive results of the Rorschach test, based on this discussion, with neuroimaging exams it is possible to investigate the neurocerebral combinations regarding cognitive functions such as, for example, decision making, which has a great influence on the interpretation of culpability, opening space for a new perspective regarding the individualization of the subject based on Neurolaw.