A psicopatia sob o olhar penal e o tratamento apropriado no sistema penitenciário ao psicopata

Abstract

The main objective of this monograph is to study the visibility and condition of the psychopath from the perspective of Criminal Law in relation to the crimes committed by such agents and what would be the best treatment for them in the penitentiary system. In this sense, it is necessary to analyze the psychopath's classification within the criminal system. Through the analysis of behavioral traits, psychology directs us, through previously created definitions and concepts, to the objective of verifying whether such an individual can be classified as mentally ill due to having such conditions. Thus, through a study of the current legislation applied, it is possible to observe that psychopaths are seen as mentally ill, even with their cognitive capacity in perfect condition, with insufficient treatments being applied to them, not achieving the intended effectiveness, resulting in recidivism. the commission of criminal acts. In this scenario, it is important to analyze the concepts of non-imputability, semi-imputability and imputability, seeking the best and most effective treatment for each case. However, it appears that our legal system is silent regarding the criminal responsibility of the psychopath, a fact that generates numerous jurisprudential and doctrinal divergences, resulting in the lack of a specific legal provision that regulates the application of such responsibility. Therefore, we analyzed the best way for a psychopathic agent to serve his sentence after being convicted and how the penitentiary system carries out this treatment, aiming to search for more specific treatment and more appropriate measures to be applied in the criminal system for these agents and see if It is possible to talk about resocialization.