A psicopatia e a i(ni)mputabilidade penal

Abstract

This paper analyzes the State response, from the perspective of Criminal Law, in the face of cases involving illegal acts practiced by agents affected by antisocial personality disorder: psychopathy. For this, first, it presents the concept of psychopathy and makes an analysis of the psychological aspects of individuals with this disorder, as well as the main characteristics manifested by them. Then, it unravels the analytical concept of crime, in order to better understand, afterwards, the elements that make up the culpability. To provide a critical analysis of the psychopaths' i (ni) mputability, explain the three possible state responses: the recognition of the agent's imputability, semi-imputability and non-imputability. It then discusses the state apparatus for measuring it and its (in) effectiveness in the face of the peculiarities of each specific case. Finally, it presents emblematic Brazilian cases involving psychopathy, as well as the State's response to such illegal acts committed by these agents.