THE INEFFECTIVENESS OF THE BRAZILIAN LEGAL SYSTEM IN FACE OF SERIAL KILLERS: AN ANALYSIS OF STRUCTURAL AND LEGAL FACTORS

Abstract

The work analyzes the impact of structural factors on the manifestation of criminal homicidal behavior, with special attention to the configuration of serial killers and the criteria for criminal liability adopted by the legal system. The central problem is to verify whether the Brazilian legal system is effective in distinguishing between criminal responsibility and lack of criminal responsibility in cases of serial homicides. The general objective is to investigate the adequacy of penal norms and forensic mechanisms in light of the complexity of the mind and the recidivism of these criminal personalities. The research is justified by the need to discuss the fragility of the penal system and the lack of studies on the interface between mental health and criminal responsibility. The methodology adopted is qualitative and bibliographic, based on legal doctrines and criminological studies. The results indicate the ineffectiveness of the penal treatment for serial killers, as equating them with common criminals highlights the shortcomings of the national legal system.