Investigações acerca do limite da inimputabilidade no direito penal brasileiro

Abstract

This article investigates the limits of criminal non-imputability in Brazilian Criminal Law, particularly in cases involving individuals diagnosed with Antisocial Personality Disorder (ASPD). Through an interdisciplinary approach involving Criminal Law, Legal Psychology, and Forensic Psychiatry, the study examines the historical and legislative development of imputability, as well as the biological, psychological, and biopsychological criteria used to assess criminal responsibility. It analyzes the evolution of Brazilian criminal legislation, especially the application of Article 26 of the Penal Code, which adopts the biopsychological system, alongside the interface with the Drug Law and the Statute of Children and Adolescents. The article further explores the psychological and clinical foundations of ASPD, its diagnostic criteria, behavioral patterns, and its relevance within forensic settings. In the final section, the study discusses the criminal responsibility of individuals with ASPD, noting that Brazilian jurisprudence and doctrine mostly conclude that the disorder does not preclude imputability, since cognitive and volitional capacities generally remain preserved, though partial non-imputability may apply in exceptional cases