A psicopatia e o direito penal brasileiro: a imputabilidade penal do psicopata no código penal brasileiro

Abstract

This paper analyzes how psychopathy is addressed in Brazilian criminal law, considering both legal and psychological aspects. The study seeks to understand the compatibility between the concept of non-imputability, provided for in the Penal Code, and the complexity of antisocial personality disorder, commonly associated with psychopaths. The research was conducted through a bibliographic and documentary analysis, examining legislation, legal doctrines, and forensic psychiatry studies. The results indicate that, although psychopaths have the capacity for discernment, the lack of empathy and remorse directly impacts the way they respond criminally for their actions. It is concluded that Brazilian legislation faces challenges in treating these individuals, especially in defining penalties and security measures. The study highlights the importance of an interdisciplinary approach that contemplates legal and clinical aspects to ensure greater effectiveness in the application of justice in society.