A IMPUTABILIDADE ADEQUADA DO PSICOPATA PERANTE O SISTEMA PENAL BRASILEIRO

Abstract

This course conclusion work sought to evaluate the aspects of culpability attributed to criminals with Psychopathic Antisocial Personality Disorder. Because it is a complex topic, an analysis of the concept and characteristics of the psychopath was carried out, as well as a reflection on the way clinical psychology names and treats them. The criminal field still has difficulty in determining whether psychopathy entails non-imputability, semi-imputability and imputability. Therefore, this study attempted, after the notes of the Theory of Crime, to carry out an analysis of the different doctrinal positions, jurisprudence and notorious cases, with the objective of pointing out what would be the appropriate criminal imputability of the psychopath. After the analysis, it is concluded that the attribution reduced to agents diagnosed with psychopathy is the most appropriate designation, since not only does there exist a majority consensus that psychopaths are semi-attributable, but it also establishes the understanding that it is the fair measure among the other classifications. However, (in)imputability should not be ruled out immediately, as it will be up to the magistrate, in the concrete case, to determine it present, if sufficient elements survive in the process to characterize it.