The psychopath in the face of Brazilian criminal law

Abstract

The present work aims to study the psychopath in the current Brazilian legislative system, comes from the theme of great relevance of psychopathy on the Criminal Law. There is still a gap in the studies, in which the judicial system is based on the hypotheses of scholars and not on concrete positions in the criminal area.

Primarily, the scenario of the distinction of psychopathic offenders who understand the consequences of their acts, but do not have inhibitors to curb their impulses, from other criminals who have some type of disease or mental retardation, analyzing characteristics of the antisocial personality, its concepts and causes, will be scrutinized. . In a second moment, it will be observed the objective to expose this research problem, presenting the relationship between psychopathy and Brazilian criminal law, through the concept of such a thesis; criminology and the study of the psychopath; of criminal imputability, addressing the punitive response of the State to psychopathic criminals, analyzing the laws or legislative omission, the Brazilian doctrine and jurisprudence on this subject.