Psicopatia no direito penal brasileiro: o que o código prevê e a ineficácia do sistema prisional quanto à reeducação dos psicopatas

Abstract

This is a scientific article with the purpose of look into the treatment given in the crimanal law and the prisional system to the person who is diagnosed with psychopathy. If the measures taken with these criminals re-education, considering the sentence imposed, is effective. This studies brings considerations about psycopathy, the background of these studies, the concept offered by specialists and others related elements, by having the proper knowledge arround the human behave understanding. Moving foward, it explores the psycopathy in the Brazilian’s criminal law. Therefore, establish a penal law offering a special treatment to the ones who does not count with the full capability of compehension concerning (i) lawfulness of the act performed. Afterwards, shows a way the prisional system works with psycopath prisioners and all the obstacles the state face in order to offer the necessary care. Finally, display the fundamental rights of the prisioner, emphasizing the constitutional base arround the dignity of the human being, which encourages a positive governmental act, so the least to the prisioner dignity subsistence, including the psycopath, is received. It was used as methodology the qualitative research, exploratory in secundary law sources, and having the inductive approach.