Análise do transtorno de personalidade antissocial à luz da legislação penal brasileira.

Abstract

Psychopathy is a psychological condition that causes in its agent a commitment in its ability to exercise empathy and live harmoniously in society, causing numerous disorders and social and legal repercussions wherever they go. Given the peculiar characteristics of psychopaths and the appearance of crimes committed by these agents, it is necessary to analyze their conduct and adequacy of the punishments established in Brazilian criminal law. Psychopaths, unlike the mentally ill or the psychotic, have full discernment of their acts and the legal consequences resulting from them, and can not in any way be treated as unattributable or semi-imputable. Thus, the present work starts from the premise that psychopathic agents commit crimes but do not have adequate penalties provided in criminal law compatible with the nature of the described personality disorder, causing insecurity and feeling of injustice, in view of alarming recurrence in crimes These agents. For the accomplishment of this research, the deductive method was employed, through a general understanding of the figure of the psychopath, going through current legal aspects and the possibilities of treatment presented in the doctrine. The research was also conducted through indirect documental research, allowing bibliographic scrutiny, through books, magazines, monographs and electronic articles. Finally, in view of the impossibility of resocialization of the agent affected by the antisocial personality disorder, possible forms of prevention are analyzed for the psychopaths, protecting society from the possible evils that these agents represent.