THE ISSUE OF BRAZILIAN CRIMINAL TREATMENT IN PSYCHOPATHIC CRIMINALS

Abstract

This article brings up the issue of psychopathic criminals in the face of the brazilian criminal reality, since, due to their behavioral peculiarities, there must be a care in establishing penal parameters that work with these people. Meanwhilst, a bibliographic review is carried out between national and international authorities in the areas of psychiatry and psychology with the aim of understanding how these individuals think and act, and, in this way, obtain support to classify a possible non-accountability - if, by chance, their delinquent behaviors come from pathological error - or diagnose an imputability - by studying whether psychopaths have a social notion of what they do. Thus, we will be able to scientifically analyze the rational capacity of these people and relate them to Brazilian criminal law, doctrine and jurisprudence, thus questioning whether the criminal area of our system is fulfilling it is teleological character: punitive and preventive.