Psicopatas homicidas e sua punibilidade no sistema penal brasileiro.

Abstract

In this scientific study it was analyzed the crimes committed by psychopaths and their punishment in the Brazilian criminal system. It will look through the monograph work, founded in bibliographic research, collect arguments, stand positions, and lead the judicial profession and society to a harsh debate on the importance of the topic. The research was guided by addressing issues that are essential to the understanding of matter, such as: the history and concept of psychopathy, approaching it at different periods, its classification, with different types of psychopaths and their various characteristics and the analysis about the culpability and its elements, the presentation of accountability, limited accountability and nonimputability, and the insertion of the psychopath in the context of limited accountability, the different forms of criminality present in the Brazilian criminal system and its application to crimes committed by psychopaths, consecrating custodial sentence or security measure as applicable forms of patients with this psychic disorder. For a better understanding of the issue at hand it was presented two concrete cases occurred in Brazil, both already judged and convicted, the first complying safety measure and the second sentence of imprisonment, which raises doubts about the effectiveness of criminality applied to psychopaths and the need for such a specific policy. The research consists, in theoretical terms, the works of renowned national scholars, jurisprudence and information contained in specialized articles published in websites. To the scope of the proposed activity, it was appeared to use appropriate methods of literature, exegetical-legal and collection of data that was effected by means of documentary research. It should be noted that the topic is relevant, considering that it is focus of several discussions. Finally, conducted the research, there was confirmation of the problem and the assumption made, namely: problem - Is correct the form of criminality applied to psychopaths in Brazilian criminal system? Hypothesis: No, considering that there should be more effective measures for the treatment of patients with these psychopaths disorders.