Psicopatas homicidas e a ineficácia da aplicação das penas previstas no direito penal

Abstract

The psychopath is frequently associated with brutal murder, and the present study, under scientific and dogmatic data analysis, the reconfiguration of these thoughts in order to adjust to the reality presented by psychopaths, moreover study their punishability on Brazilian's criminal law. The idea of a primitive being was always an object of social fear, as a unbalance creator on the dreamed reality of society. Cruel crimes often generates social commotion, allowing the rebirth of a believe in savages, purely evil who conflicts drastically with the ambitious ideal. In this way, the usual psychopath figure occurs, an individual who does not show appropriate characteristics of an sane individual due to its emotional deficiency. Confusion and fear risen by psychopaths is common on humanity's history, giving science confirmation of their existence and deep behaviour analysis, and therefore search for their cure. Such discoveries demystify these people as primitive beings, and correct erroneous understandings of their link with all perverse and violent felonies. The issue of psychopathy mingles with all sciences who studies it. The very definition of psychopathy is object of debates, on whether it is or not a psychiatric disorder. As criminal law is concerned, its questioning impacts on the need of making psychopathy a adequate case of legal disability. Debates are on whether capacity criteria currently adopted are enough to characterise homicidal psychopaths as criminally responsible or not, or even semi-imputable. As a result, goes directly to adopted measures to be effective as a response to those individuals on whether it might be pertinent to enforce security measures or legal penalty itself. In this way, the debate reaches its apogee on discussing the efficacy of legal imputed measures to such agents who previously bound to its purpose, and its relationship with the aspects that qualify psychopathy.