Análise do assassino portador do transtorno de personalidade antissocial (psicopática): a eficácia do tratamento aplicado aos casos concretos do Brasil e do mundo.

Abstract

The present monographic work has the objective of analyzing the psychopathic criminals in the Brazilian legal system, entitled: "Analysis of the killer who carries the antisocial (psychopathic) personality disorder: the efficacy of the treatment applied to the concrete cases of Brazil and the world." The work comprises three chapters, the first of which is devoted to examining the concept of psychopathy, its historical evolution, as well as some personality specifications, characteristics and the homicidal behavior of the psychopath; the second chapter deals with the possible penalties or measures that should be imposed on such individuals who commit crimes in Brazil, with sanction of deprivation of liberty or chemical castration, and may also be subject to security or civil interdiction; Finally, the third chapter analyzes the real cases of homicidal psychopaths in Brazil and in the world, as well as the analysis of the effectiveness of the treatment applied to them and the need for a specific criminal policy. Scientific research has sought references in renowned doctrines of psychiatry and Brazilian legal order, as well as in specific scientific articles, based on a theoretical approach dedicated to the analysis of concepts and legal and psychiatric development, having as a technical procedure and source of information the research bibliographical The work will use the method of deductive approach, aiming to conduct a study on the murderers with antisocial personality disorder, as well as adopt the procedure of the descriptive method establishing a solid correspondence with psychopathy and legal science, in the analysis of its institutes and judicial practice. Based on the assumption that in Brazilian law there is no specific legislation that regulates those with antisocial personality disorder, it is verified the difficulty of the judiciary to deal with criminal psychopaths. The judicial organs sometimes differ in the framing of these murderers in the national legal system, sometimes classifying them as imputable, applying them custodial sentence, sometimes classifying them with the semi-attributable, a hypothesis that can receive the reduction of the penalty provided in the article 26, sole paragraph, of the Penal Code, or even being able to apply the security measure. Psychopaths by their nature do not assimilate the rules of social interaction, therefore they do not learn from the imposed sanctions, thus frustrating the objective of the Brazilian laws. In the light of the foregoing, it is asked whether it is legally possible to apply an indefinite security measure to the same criminals as a form of treatment? Hypothesis: Yes.