Psicopata delinquente análise jurídico psicológica acerca do enquadramento na fase da execução processual. :

Abstract

Psychopathy is to subject that arouses great interest of society, and academia in various areas of knowledge, given the interdisciplinary issues in the subject. This research aims at analyzing the figure of the psychopath before the Brazilian criminal justice system, given that there is a range of different positions, both of psychiatry, the legal doctrine of the country, especially in atine the accountability of those individuals. By way of questioning should ask: what is the answer criminal adequate for this kind of criminal? It would be the imposition of security measures or enforcement custodial sentence? Thus, as in the legal studies on this subject are still incipient, this analysis is justified under the sieve demystify the figure of offenders suffering from psychopathic personality and the correct framework criminal. Thus, specific objectives are: to study the personality of psychopathic offenders, to identify the elements of guilt in the context of psychopathic delinquency, and finally, to verify the adequacy of the framework of the psychopathic offender in the system of accountability of the individuals in criminal scenario patriotism. To do so, we use the method of hypothetical-deductive approach, since the study of the principles, laws, general rules and doctrines more comprehensive, for later focus on the theme expounded, especially the conjectures that are analyzed and subjected to the process of falsification, aiming its refutation. Noteworthy is the use of technical literature and documentation. Therefore, considering the applicability and peculiarities surrounding criminal sanctions, the solution presented in this work point out the peculiarities and needs of the criminal psychopath in order to make the prison a mere instrument not punitive, but rather the opportunity to rehabilitation and transformation of the human.