Da psicopatia a luz do direito penal brasileiro: Diagnóstico e responsabilização penal adequada.

Abstract

The aim of this final paper was to analyze and demonstrate the criminal responsibility of individuals with psychopathy, by diagnosing the profile of each person and the measures provided for in Brazilian legislation. Given the complexity of this issue, an investigation was carried out into the concept and characteristics surrounding psychopathy, as well as a reflection on how clinical psychology diagnoses and approaches these cases. In the legal sphere, it is still difficult to classify psychopathy in terms of its unimputability, semi-imputability or imputability. In this context, the study sought, after an explanation of criminality, to examine various doctrinal and jurisprudential perspectives and notorious cases, in order to determine the most appropriate classification of criminal responsibility to be applied to psychopaths. After this analysis, we came to the conclusion that reduced imputation, i.e. considering such individuals as semi-imputable, is the most viable designation. Thus, this situation is justified not only by the existence of a broad consensus that points in this direction, but also by establishing the understanding that this classification represents a fair balance between the available alternatives. However, (in)imputability should not be automatically ruled out, since the determination will be up to the judge, in the specific context of the case, based on the presence of sufficient elements in the process to justify such a classification.