A eficácia da castração química na redução da reincidência de crimes sexuais: uma análise jurídica e empírica sob a ótica do direito penal brasileiro

Abstract

This study analyzes whether chemical castration has sufficient empirical evidence to justify its adoption as a criminal policy to reduce recidivism in sex crimes in Brazil. Through bibliographic and documentary research, we examine five primary studies and two meta-analyses, which reveal methodological limitations that prevent definitive conclusions about the effectiveness of hormonal intervention alone. Next, the thirty-one bills and proposed constitutional amendments presented in the National Congress are examined based on this data, demonstrating an incompatibility between the proposed legislative models and the available scientific findings. Finally, criminology and feminist studies on rape culture complement the analysis by highlighting that sexual crime is a multifactorial phenomenon, predominantly motivated by cognitive, cultural, and relational factors, rather than hormonal factors. It is concluded that chemical castration constitutes a symbolic response to public outcry, disconnected from both empirical evidence and the actual determinants of offensive sexual behavior.