Uma análise do encarceramento do psicopata criminoso no atual sistema prisional brasileiro.

Abstract

The psychopathy theme still involves many divergences.. This is because the characterization of this disorder is relatively new and its depth studies started less than half a century, having significant improviment to the last two decades. The psychopath itself is unknown. The first conflict refers to the allocation of liability. For some people, they are completely responsible for what they do for understanding the illegality and act on their own. For others, they recognize the right and the wrong, but they act only by rational side but are unable to emotionally analyze their attitudes, so semi-attributable. And, still there are those who defend their unaccountability because they understand that they can not avoid their actions. A punishment in the current patterns certainly does not comply with the special preventive function, since there is no way to persuade them to not commit crimes, there is no way intimidate them in traditional methods, the rehabilitation depends only on their diseres. Their isolation, neutralization, is that physically prevents the act, and this is how society will possibly be protected from new crimes. However, it is not admissible to life imprisonment, leaving the question of how to protect society from this kind of social aggressor without hurting his Fundamental rights and their guarantees. Keep them together with the other prisoners ended in a loss for the rehabilitation of these. The study has as objective to identify the best alternative incarceration of criminal psychopath, with a view not only to the human rights of the individual as well as collective protection. For this, the method of procedure used was the historical evolution, associate with observational. At the same time, we used the deductive method, that part of general laws for specific issues, including the doctrine, jurisprudence and legal provisions. It was conclude at the end that should be done a criminological examination in all they enter in the prison system, intending to identify those who have antisocial personality disorder, so they can serve their sentences separately from ordinary prisoners, in a place that has a higher security for agents and for the inmates themselves.