O perigo eminente da mente criminosa de indivíduos com transtorno de personalidade antissocial e o direito penal

Abstract

The work proceeded to a bibliographical research that exposed what is the antisocial personality disorder and psychopathy, what it can cause and what damage can reflect on society and the individual who has it. The most common crimes that individuals with antisocial personality disorder and psychopathy can commit were demonstrated, as well as the definition of being imputable, not imputable, and semi-imputable, since the consequences within the legal system are different, since each one has its own particularities. A brief analysis was made about the antisocial personality disorder and psychopathy based on doctrinal studies that brought the clinical analysis in the area of criminal psychology, involving some Brazilian concrete cases that marked the history of law. In addition, the culpability and dangerousness of these individuals was analyzed, based on the analysis of a judgment of responsibility, the criminal sanction, and the form of its adequate application to the person who has an antisocial personality disorder and psychopathy. Finally, it was evaluated if the re-socialization system in Brazil is really efficient to treat this public and how is the return of the individual to the social environment, considering the fear and restrictions that society usually has of people diagnosed and labeled by the medical report. This is explanatory research, using a literature review, with a deductive approach and literature search.