THE ISSUE OF PSYCHOPATH IMPUTABILITY IN CRIMINAL LAW Ricardo dos Santos Duran, Silvana Amneris Rôlo Pereira Borges, Wagner Camargo Gouveia

Abstract

This study aims to analyze the responsibility of criminals diagnosed with psychopathy, a topic that reveals doctrinal and jurisprudential divergence in view of the provisions of article 26 of the Criminal Code. The issue to be discussed concerns the criminal penalty to be imposed on the psychopath who commits a criminal offense, approaching the concept of crime and aspects related to guilt, imputability, semi-imputability and non-imputability. We will deal with the conceptualization of safety measures, the cessation of dangerousness and aspects of resocialization. Finally, we will refer to a concrete case of international repercussion, with an exposition of decisions of our courts. We conclude that the criminal diagnosed with antisocial disorder, aggravated by psychopathy, should have his conduct analyzed carefully and individually, imposing a custodial sentence without any reduction, since it is imputable.