PSICOPATIA E DIREITO: A IMPUTABILIDADE DO PSICOPATA NO ÂMBITO DA LEGISLAÇÃO PENAL BRASILEIRA

Abstract

The present research aims to analyze the psychopath's imputability within the scope of Brazilian penal legislation, under the influence of article 26 of the Penal Code, seeking to demonstrate that although the person with psychopathy is considered semi-imputable, on the part of doctrine and jurisprudence, there remains evidenced the criteria so that they are considered, only, as imputable. Therefore, this article will analyze the divergence regarding the psychopath's imputability, in order to provide answers to the following questions: How to correctly identify the person with psychopathy? So, is it up to the individual with psychopathy the prerogative of semi-imputability set out in the sole paragraph of article 26 of the Penal Code? Or, even, of inimputability, in case he is considered mentally ill? What would be the most satisfactory treatment in accordance with the current legal system? The study aims at an analysis of the divergent understandings taken by the jurisprudence regarding the treatment given to the psychopath, analyzing in this sense the indispensability of specific legislation for these individuals.