Psicopatas: responsabilidade penal à luz do ordenamento jurídico brasileiro

• Autor(a) principal: Fernandes, Guilherme Rocha
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/32796
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direito penal; Psicopatia; Culpabilidade; Responsabilidade penal; Criminal law; Psychopathy; Culpability; Criminal liability

The main objective of this research is to study and analyze how the Brazilian legal system understands the criminal liability of psychopaths. In this sense, it is necessary to study the behavioral traits of psychopaths, according to psychology and psychiatry. Also, it is necessary to understand the characteristics of psychopathic individuals, to verify if psychopathy fits as a mental illness. In fact, to better understand how the current legislation classifies an individual with psychopathy, it is essential to study culpability, one of the constitutive elements of the crime, so that we can understand if a psychopathic individual is culpable or not. In this scenario, it is also important to analyze the concepts of unimputability, semi-imputability and imputability in order to understand the best way to classify and eventually convict a psychopath, without harming psychopathic criminals themselves, prison guards, other inmates and society as a whole. However, in an analysis of the Brazilian legal system, the types of sentences and the reality of many Brazilian prisons, it is clear that the Brazilian prison system is not prepared to receive such individuals in their prisons, just as the country's justice system is not fully prepared to judge cases involving criminals with psychopathy, in view of the vast jurisprudential divergence in concrete cases on the subject, as well as the legislative omission and the scarcity of doctrine on the subject. In this sense, in order to answer the questions and doubts raised by the monograph and present the best possible way to hold psychopaths responsible, we resort to different approaches on the subject developed by foreign legislations, comparing them to the Brazilian legislation, as well as analyzing foreign doctrines and applying them within the Brazilian normative system