Responsabilidade penal do psicopata delinquente e a relativização da supremacia do interesse público em face do fundamento constitucional do Princípio da Dignidade Humana

Abstract

The on-screen study has a main focus that involves the problem of personality disorder called psychopathy and its implications in criminal law and criminal procedural law. The deductive method was adopted, starting from the discussion about the balance between the supremacy of the public interest and human dignity, to reach the core of the theme - the relativization of the public interest embodied in the policy of criminal execution in relation to the psychopath, bearing in mind the counterpoint in which the macro-principle of human dignity consists. Over the years, psychopathy has been studied hard and has followed a path of diverse concepts, diagnoses and prognoses to delimit the causes, the extent of damage caused to the brain area that culminates in personality disorders, which in some situations progress to acts of violence and aggressiveness, having as consequences serious conducts and typified in the penal code. Studies of genetic, biochemical, social and psychological causes contribute very effectively to the discovery of the treatment of psychopathy, from the point of view that individuals affected by this disorder are exempt from feelings of remorse and empathy which contributes to the coldness in the crimes they commit, the uncertainty of healing and high criminal recurrence raise the discussion about which punishability would be more effective to protect society concomitant with the guarantee protection and preservation of the human rights of psychopaths. The analysis of the draft Law nº 6.858/2010 filed on 11/09/2017 with the objective of demonstrating the importance of the creation of specialized technical committees composed of specialist professionals and trained external to the prison system able to apply the PCL method. R to differentiate between inmates, psychopaths and non-psychopaths.