O direito penal à luz da neurociência: análise sobre o elemento subjetivo do crime e sobre a ressocialização

Abstract

The present study brings an analysis of the criminal in the light of neuroscience and the influence of the neuronal system on the criminal conduct of human beings, as well as the action of other determining factors for such practice, in addition to the biological aspects, such as the psychological and social factor by example. Scientific neuroscience research studies the mechanisms of activation of the brain, questioning some subjective bases of criminal attribution. Therefore, this article intends to draw attention to a new perspective of resocialization of the individual who commits crimes and, consequently, a better social coexistence of this person, also relating the overview of jurists to the new paradigms brought through neuroscience to the imputation of the sentence, achieving fairer solutions, without human life having its fundamental rights violated.