A importância do exame criminológico, facultativo a partir da lei n 10.792 de 2003 para a progressão de regime, face dos criminosos psicopata.

Abstract

This work has the primary purpose examine the field of study of psychopathic criminals. The crimes committed by criminals with psychopathic characteristics are different from others by the refinements of cruelty and violence and massive damage to society. Through the method of deductive approach, and making use of literature and case study, a method of historical-evolutionary and exegetical legal procedure, we seek to demonstrate that the Brazilian prison system there is a diagnostic procedure for psychopathy when there is a request for benefits, reduced sentences or to judge whether the prisoner is fit to serve his sentence on a semi-open system, for if such procedures were used within the Brazilian prisons certainly psychopaths would be trapped for longer and rates recurrence of violent crimes would decrease significantly. Changing the LEP, with the enactment of the law. 10.792 / 2003, will be the object of study and analysis of this work too, since it undermined the process of individualization of punishment, when you linked the magistrate to grant or deny benefits criminal regime progression previously preceded the opinion of the Technical Committee on Classification and the criminological examination, and currently, on presentation of a certificate of tenuous evidence of good conduct issued by the director of the correctional facility