A possibilidade de aplicação do instituto da curatela aos psicopatas homicidas como meio de garantir a proteção social e a efetivação dos direitos fundamentais.

Abstract

The actual study has as objective to analyze the peculiar characteristics of a individual diagnosed as psychopathic, especially when it is about the impossibility of reversing and control of the psychopathic framework, the lack of feeling of guilt or remorse, the frightening tendency to criminal relapse and the ineffectiveness of criminal sanction to the psychopath, given the fact that such acts put in danger the own psychopathic and the social environment where he is inserted, making unable the search for alternatives that are able to promote the concomitant protection of society and the own homicidal psychopath after fulfillment the penalty imposed, since despite the high probability of committing new crimes, is not allowed by native legal system exclude these individuals from the social environment forever. From this perspective, it will be done an application of analysis of curatorship Institute for these individuals, when found a history of violence, as a skill to allow the social rehabilitation of the psychopath, the safety of the society, not forgetting to include the fundamental rights provided for the Federal Constitution 1988. With this, will be made a critical approach of civil interdiction for the effectuation of constitutional values and the protection of society overlap the core assets of the Institute. For the achievement of this work it was been done a bibliographic research and descriptive research and used the deductive method of approach. Thus, from the consultation to the bibliography related to the topic studied, it presents a current theoretical and practical support, which enables the desired result by this monographic work.