Psicopatia no direito penal : uma análise sobre a inimputabilidade do agente.

Abstract

The present work addresses whether psychopathy can be understood as a way of extinguishing guilt. In these terms, we wonder when and if there is a possibility that the criminal may have his sentence converted into a security measure, according to the analysis of his guilt at the moment of the criminal act. The method of approach used is the deductive one, starting from the bibliographic study of the doctrinal and jurisprudential work as sources of research. It is essential to study the topic, since there are still medical and legal differences about psychopathy and the legal fit of this type of criminal, as well as whether the application of the security measure would be the correct way to stop the dangerousness of that person, given the structural problems of the psychiatric establishments destined to shelter those who were considered mentally unstable and committed crimes as well, aiming at the good of society, also analyzing the possibility of this measure extending for an indefinite period, being criticized given its comparison with perpetual penalties.