Psicopatia : seu reconhecimento no âmbito penal do Tribunal de Justiça do Rio Grande do Sul.

Abstract

This study adresses psychopathy as a personality disorder characterized by antisocial behavior and lack of empathy. The objective is to analyze how medical reports are considered by judges in cases of crimes committed by defendants diagnosed as psychopaths. The research uses deductive and inductive methods, involving the analysis of court rulings and consultation of secondary sources. In this regard, the history and classification of psychopathy will be presented, as well as its diagnosis and treatment. The concept of crime, culpability, and criminal responsability will be discussed, considering the diferente degrees of accountability. Furthermore, research will be conducted on the rulings from the Court of Justice of Rio Grande do Sul related to psychopathy, employing a qualitative method without temporal limitation. The analysis conducted reveals a lack of consensus and homogeneity in the sentences, with diferente interpretations of the culpability of psychopathic defendants, which does not allow for adequate punishment and the possibility of rehabilitation or removal of these individuals from society in a legally secure manner.