LA INEFICACIA DE LAS SANCIONES PENALES IMPUESTAS A PSICÓPATAS

Abstract

The high rate of brutal crimes carried out by individuals with psychopathic personality attributes great impact due to transgressive behavior and difficulty in identifying their destructive characteristics. Considering the degree of danger and consequently the social risks arising from its cold and calculating character, what is the appropriate treatment for psychopaths? What criminal sanction is applicable to crimes according to Brazilian criminal law? Is the imprisonment of these individuals viable? Faced with questions, it aimed to explore the legal aspects provided for in the country's criminal legislation. The objective of this article is to combine exploratory characteristics and use the method of bibliographic research, wrapped around the theme. Systematically approaching the distorted interpretation of the psychopathic figure socially, elucidating through explanation of the term and elucidation of its main characteristics. He pleaded to examine the specifics of the theory of crime, approaching different positions until the concept used in the criminal offense. It helped to explore legal sanctions, specifically the custodial sentence and security measure, certifying the appropriateness of the preventive method for psychopaths, and related bills. Listing the lack of sanctions imposed on psychopaths, it is necessary to methodically analyze the criteria established for the configuration of a crime, classification of the criminal capacity of the individual, legislative procedure for the application of the penalty or preventive measure, characteristics that make up the personality of the psychopath in order to ponder the possibility of reintegration into the social bond.