PSICOPATIA E DIREITO PENAL: O TRATAMENTO JURÍDICO DOS CRIMES COMETIDOS POR PSICOPATAS NO BRASIL

Psychopathy, characterized by traits such as lack of empathy, impulsivity, and manipulative behavior, has been widely studied by forensic psychiatry, but it still generates debate in the legal field. The general objective of this research is to analyze the legal treatment given to these individuals, considering the divergences between Criminal Law and forensic psychiatry. Specifically, this study seeks to: (i) conceptualize psychopathy from the perspective of psychiatry and Criminal Law; (ii) identify how Brazilian legislation classifies the imputability of psychopaths; and (iii) examine case law to understand how the Judiciary has positioned itself on the issue. The methodology adopted will be bibliographical research, using legal doctrines, academic articles, criminal legislation, and recent court decisions on the subject. It is essential that the Brazilian legal system evolves in the way it deals with psychopaths, considering the creation of more appropriate criminal and penitentiary policies that guarantee both the safety of society and the correct management of these individuals.