Uma análise sobre a imputabilidade penal e o encarceramento do réu psicopata no ordenamento jurídico brasileiro

Abstract

The psychopathy shows how deficient the Brazilian prison system is, besides the lack of preparation of the legal order on the subject. The psychopath is in a legal limbo and the State is satisfied in apply palliative measures for their crimes. Theoretically considered semi-imputable, the psychopath is condemned to a common but reduced penalty; or, in a more practical context, is considered to be imputable and is punished like the other prisoners. In the worst case, is considered mentally ill and condemned to the security measure, being able to pretend to be cured to return to society; or be taxed as incurable and suffer life imprisonment, which would be unconstitutional. Therefore the importance of this research, which in addition to alerting society, discusses possible solutions to the problem. The psychopath is intelligent and manipulative, and can progress to lighter regime or leave early from prison. It is for this reason that Brazilian psychiatry supports the compulsory criminological examination upon entering prison and on regime progressions. Separating the other prisoners from psychopaths may not be a solution, but it helps in the treatment of both preventing the distortion of ordinary prisoners in their rehabilitation. The overall objective of the work is to try to understand the psychopath's mind and determine its legal situation so that there can be a fair treatment. Specifically, this work seeks alternatives to punishment and treatment for psychopaths, wishing to protect their fundamental rights, as well as protecting the society of these individuals, without harming them or harming the functioning of the prison system. For this, the procedures used were the deductive, qualitative, analytical and documentary, with general laws and specific contents, in building new approaches to the subject and analyzing the general situation, with main advantage coming from the Brazilian Penal Code. Finally, it is concluded that ordinary prisoners should be separated from psychopaths by criminological examination, identifying those who suffer from the disorder, so that they can have the treatment required by their condition in their own establishment.