Criminal law and the psychopathic criminal: application and effects of punishability Beatriz Matteuzzi Sanches, Wagner Camargo Gouveia

Abstract

In this article, the theme is limited to presenting the punitive aspects that structure Criminal Law under the criminal conduct of the psychopathic individual. Thus, the objectives are based on the methodology of bibliographic research, bringing to the scope of the article the aspects that surround the antisocial personality disorder, as well as the distinction between sociopathy and psychopathy, pointing out the origin of criminal behavior, in the light of biological and social factors. Furthermore, psychopathy is related to Brazilian law, pointing out the aspects of imputability, semi-imputability and non-imputability, bringing to the analysis the need to apply the security measure or custodial sentence. To this end, a reflection is made on the importance of carrying out a medical examination to confirm the mental disorder. In order to elucidate and reflect the study, the case of Francisco da Costa Rocha, popularly known as "Chico Picadinho", which generated enormous debates about criminal institutes and psychopathy, is also analyzed, albeit in a linear way. Therefore, it becomes clear that there is a need to deal more clearly with the punishment of criminals with antisocial disorders, respecting their status as subjects of rights and protecting society from their criminal impulses.