PEDOPHILE’S (IN)IMPUTABILITY: THE LIMITS BETWEEN PATHOLOGY AND CRIMINAL CONDUCT

Abstract

Throughout the formation and development of the first civilizations, the basis of culture was imposed patriarchal relations, in which men exercised power in its entirety and totality, and women and children were in the background, with no protection from the State, nor of their families. That said, we can observe many problems faced by society today resulting from such domination, such as machismo and pedophilia, which is one of the objects of analysis in this work. This time, when talking about the issue of pedophile imputability, it is worth highlighting that it is complex and involves legal, medical and social aspects. Pedophilia is a mental disorder that can affect an individual's ability to understand the criminal nature of their acts, thus overcoming the ethical, moral and legal barriers of society. However, not all pedophiles are considered blameless, since such a disorder can partially or totally impede the individual's mental faculties. In this way, the article in question is justified by the topicality of the topic, since it is extremely important for society to approach it, with the aim of bringing to light the real limit between the non-imputability and the imputability of the pedophile. In the meantime, the objective of the study is to analyze pedophile behavior and clarify the limit between pathology and criminal conduct, as well as its framing in the legal system. The methodology used in this work is based on a descriptive literature review, through research in books, articles and Brazilian legislation. To this end, it is concluded that the analysis of the criminal responsibility of the pedophile individual and the limits that separate the pathological condition from criminal conduct is a subject of great importance and complexity, as it requires a comprehensive understanding of various spheres of knowledge and requires an approach sensitive and empathetic.