Psicopatia e Direito Penal; A importância de uma legislação específica para um psicopata infrator.

Abstract

The need for specific legislation for psychopathic offenders is an issue of great importance for Criminal Law and Criminology. The present research sought to understand the behavior of these individuals and determine the appropriate punishment, which are the essential objectives. Furthermore, the study is divided into three distinct chapters. The first explores the origin of the word "psychopathy" and its characteristics, identified by psychiatrists and psychologists. Furthermore, it addresses the culpability of psychopathic offenders and how the legal system deals with these offenders. Furthermore, the second chapter adopts a comparative approach, analyzing cases from different nations to understand how they punish psychopathic offenders in specific situations. This chapter also includes an analysis of penalties imposed in such cases, offering a global perspective on the subject. Then, the third chapter focuses on viability in the criminal sphere and the principle of human dignity. It also discusses the scarcity of procedures in Brazil and the urgent need for specific legislation for offenders with psychopathic characteristics. Furthermore, it presents a bill proposed by Marcelo Itagiba, which seeks to modify the Sentence Law. Furthermore, the research employs a deductive approach to obtain a comprehensive view of the problem under analysis. The comparative procedure method is used to evaluate the lack of specific legislation for criminal applicability, and bibliographical research is the technique used. In conclusion, the work hypothesis was confirmed, since, there is no specific matter for psychopathic offenders and these individuals are categorized as semi-imputable by the Brazilian legal system, even though it is proven that psychopathy is not a metal disease, nor does it have the capacity to remove the individual's power of understanding at the time of crime. Furthermore, the bill that aims to establish a committee autonomous technician in relation to prison management, together with the implementation of the criminal analysis of convicts with psychopathic disorders, has been awaiting deliberation in the plenary since March 2010.