A responsabilidade penal dos psicopatas: imputáveis, semi-imputáveis ou inimputáveis

Abstract

The present work aims to identify a possible path regarding the type of responsibility of the psychopath in the face of legal omission. We have many defendants with psychopathy and this fact triggers some controversies that are not peaceful and are not easy to analyze and reach a conclusion about what type of penalty to apply. The first point is to classify what psychopathy would be, would it be a disease or not? Making a brief historical analysis about how this phenomenon is interpreted will help in this study. Another very relevant question is to understand how the courts have treated the type of responsibility of these people, also, we must see how the doctrine is positioned in relation to the fact. For a more in-depth research, it will be necessary to use concepts in areas other than criminal law, mainly criminal psychiatry and criminology, in order to be able to cover all the complexity that the subject raises.