THE (IN) CRIMINAL IMPUTABILITY: A LOOK AT PSYCHOPATHY

Abstract

The present work aims to analyze the sanctions applied to psychopaths from the perspective of Brazilian Criminal Law. The study of the criminal mind of the psychopath is a subject that instigates medicine, psychology and criminal psychiatry. Psychopaths are individuals devoid of any emotion, so they act on impulse, showing neither regret nor remorse. Consequently, they end up making choices contrary to those considered worthy and in line with ethical and moral principles. Based on this, we start from the historical evolution of the psychopath, approaching his concept and characteristics that underwent some modifications over time to present the theory of crime, its elements, the culpability, the imputability and inimputability of the agent, contextualizing it with the case of psychopaths. After that, a critical analysis of the sanctions applied to the psychopath, contextualizing the individual's resocialization. Articles, doctrines, jurisprudence, laws and books dealing with the topic of psychology were used.