THE POTENTIALITY OF THE UNACCOUNTABLE CRIMINAL UNDER THE PRISM OF THE FINALIST ASPECT

Abstract

The following work aims to demonstrate the conception of an individual conduct from the perspective of the Finalist Theory of Action, for which helps in the understanding of the legal phenomenon. Therefore, it seeks to identify the current criminal legislation of unimputability of people with mental health issues such as psychosis and neurosis, as well as, analyze the State’s modus operandi when dealing with these individuals and approach the concept of unimputability. From the theoretical point of view, we associate the following authors such as; WELZEL (1964), NUCCI (2011), ABREU (1976) among others. Regarding the methodology, the criteria are; bibliographical and interpretative analysis. Ultimately, we have as a result of the work the comprehension of the concept developed by Welzel in his theory, that has aggregated to the legal phenomenon, thus seeking to understand the human behavior linked to the purpose of an act relating to crimes, as well as, during the course of the essay, impart knowledge related to the concept of unimputable and semi-imputability to the reader, for which, differentiates the individual from common criminals, and ultimately, develops on the text as a reality about the Brazilian legislation on the concrete cases of unimputables as well as jurisprudence, and the mechanisms of law as security measures, making a parallel to the crucial point of the work, that is the finalist theory, for which, it's one of the most impactful theories of criminal law.