A influência da teoria determinista na análise de inimputabilidade nos casos de síndrome de Munchausen por procuração

Abstract

Munchausen Syndrome by Power of Attorney is classified as a mental disorder of difficult diagnosis, and is still little studied and relatively new in both the natural sciences and the humanities. In view of this, it is noticeable that the emergence of a new syndrome also raises the need to discuss its implications in the criminal sphere, since the legislator has chosen to treat in a different way the conduct of individuals affected by mental illness, granting the treatment provided in the article 26 of the Penal Code. It is evident that the understanding of the biopsychological conditions of those who are considered to be unenforceable under criminal law contributes too much to the choice of the most effective method to be used by magistrates. Therefore, based on the assumption that the Munchausen Syndrome by Power of Attorney has repercussions in the criminal legal scope, since the individual affected by such disorder can commit the crime foreseen in art. 136 of Decree Law 2848, of 1940, it becomes fundamental the debate about the association between said syndrome and the concept of inimputability. To this end, the influence of neuroscience and deterministic theory on the concept of guilt and unputability must be addressed, as well as the possible legal consequences in cases where it is possible to diagnose Munchausen Syndrome by Power of Attorney. In the end, given the findings obtained, it is suggested the legislative amendment that aims to provide the most adequate solution to the specifics of the active and passive subject of the crime of mistreatment.