A imputabilidade da pessoa com transtorno do espectro autista.

Abstract

This monograph addresses the issue of criminal responsibility or irresponsibility of individuals with autism spectrum disorder (ASD). Its objective is to analyze whether an individual with ASD should be considered criminally responsible or irresponsible when committing crimes. Furthermore, it seeks to analyze the legal concept of criminal responsibility in light of Brazilian legislation, highlighting the criteria used for assessing mental health; identifying the peculiarities of Autism Spectrum Disorder and how its manifestations can affect the capacity to understand the illicit nature of conduct, according to the criteria adopted by the legal system; and pointing out the impacts of security measures and possible criminal sanctions (or their exclusion) on the lives of autistic individuals, considering the principle of human dignity and the duty of respect and care established by law. In this context, the problem addressed is understanding whether this person should be considered irresponsible or responsible when committing a crime. To accomplish this task, the method of bibliographic and documentary analysis was used. With the aim of deepening the research, historical facts, legislation, doctrines, and jurisprudence concerning the themes of semiimputability and non-imputability will be studied. The scientific method used will be deductive, as we proceed from general arguments to specific ones. Qualitative research is also highlighted here, as the research seeks to identify the nature of the objects, prioritizing contexts. Finally, the bibliographic research has a descriptive and exploratory character, due to the limited prior knowledge and the main purpose being to gather relevant information for future studies. However, the descriptive character is configured through the objective of describing the characteristics of a population, in this case people with autism spectrum disorder, and presenting a new perspective on the existing reality.