Psicopatia versus o sistema penal brasileiro: como enfrentá-la?

Abstract

This monograph aims at analyzing the framework of the criminal psychopath within the Brazilian penal system. We start from the analysis of the characteristics of the individuals affected by psychopathy, we enter into the criminal concept of crime, and then proceed with the criminal responsibility of the perpetrator of the crime that presents this personality disorder, aiming to define the place of these individuals in the current system. We also bring controversial points in the legislation and that it is essential for the Law that they be solved and standardized. Specifically, we deal with the imputability of the psychopath, the penalties that can be applied, the form of examination to be performed in these individuals, and analyze the current Criminological Examination and the provisions of the Criminal Enforcement Law concerning this institute. Finally, we consider the form of Execution of the Penalty, regarding the possible criminal benefits to be granted, as well as of reaching the maximum limit of fulfillment of the sentence. We conclude that the current system and the treatment given to these individuals have proved to be ineffective, we have demonstrated the necessity of coping with cases involving the psychopath, and we have pointed out the possible solutions to be applied using existing resources and employees around the world, with significant and safe results.