A psicopatia e o direito penal: Dexter e o tratamento criminal adequado

Abstract

The present work aimed to analyze the way that the science of Criminal Law uses the Jus Puniendi, to give the Agent - Psychopath - the best fulfillment of the sentence. For that, the minutiae of Criminal Law were studied, especially the Antisocial Personality Disorder. An eclectic and complementary methodology was used, observing the legal dogmatics, through bibliographical research, being necessary to use the deductive-bibliographical method, in addition to the analysis of internet articles and mainly of notable authors in the field of Law and Psychology. The levels of Psychopathy were also analyzed, thus differentiating them from Sociopathy and Serial Killers. We understand how Criminal Law conceptualizes the Crime, the Agent, the criminal (in)imputability. We enter the mind of Dexter Morgan, we study his life, routine, his crimes and methods. We know the penalization of International Criminal Law in crimes committed by psychopaths and compare it with our current legal system. Finally, we study compliance with the sentence, deepening the mental health examination, investigating the effectiveness of the Security Measure and Penalty Prison, so that the agent receives the most appropriate criminal treatment.