Mentes psicopatas e o Sistema Penal brasileiro

Abstract

The present work aims to make a brief exposition about the theories of crime and the diagnosis of the psychopath, to later bring an analysis of the treatment given by the Brazilian legal system to the criminal agent diagnosed with antisocial personality disorder through bibliographical research. Since, the Brazilian Penal Code has only one device to deal with those considered unattributable or even semi-attributable. However, psychopathic criminals are different from others, even those considered mentally ill, which expresses the need to seek a solution for the inclusion of these individuals in the Brazilian legal system. Some controversial points will also be pointed out regarding the imputability of these individuals along with the form of execution of the sentence. Finally, it is concluded that the Brazilian legislation is ineffective both in the qualification of the psychopath and in the application of sanctions that supply a social need.