TRATAMENTO JURÍDICO ATRIBUÍDO AOS PSICOPATAS AUTORES DE HOMICÍDIOS À LUZ DO DIREITO PENAL BRASILEIRO

Abstract

This article aims to bring a discussion about the legal treatment given to homicidal psychopaths in the light of criminal law. Psychopaths are people with social disorder, but they are not considered mentally ill, this does not mean to say that all beings with psychopathy are homicides, there are several types and those who commit homicides fall into the most serious degree of this mentioned disorder. The article aims to understand how the Brazilian legal system treats these individuals, more precisely, with regard to the most correct penal sanction to apply in cases of willful crime against life committed by such people. It also seeks to briefly and clearly present the theory of crime as well as the concept and characteristic of psychopathy and how these people's minds are. It aims to draw a parallel between the existing criminal sanctions and the doctrinal divergences on the subject. It addresses the issue of the agent's inimputability and semi-attributability and demonstrates that despite what many weigh, the psychopath is not lacking in mental health, he knows what he is doing and is fully aware of the consequences of his attitudes, which are cold and cruel. Psychopath killers lack compassion, kill for pleasure, and are fully aware of what they are doing and are unrepentant. Therefore, it can be concluded that currently the best way to punish them is through the deprivation of liberty.