Imputabilidade penal: uma visão criminológica com base em julgados do Tribunal de Justiça do Rio Grande do Sul

Abstract

The present monographic work analyzed the Criminal Inimputability, as well as the factors and circumstances that generate its recognition in the direct page, based on philosophical theories of thinkers and article 26 of the Penal Code. The study was mainly based on inimputability derived from mental illness or incomplete or delayed mental development. Jurisprudential analyses and indoctrinaries on the subject were also brought. For this, bibliographic, documentary and jurisprudential research were carried out. It was possible to perceive, in the Brazilian context, the issues associated with the application of the penalty, which infers the culpability of the subject who commits some crime the imputability of the criminal agent and his full capacity at the time of the practice of the illicit. On the other hand, when the inimputability is found, the same must be acquitted (improper acquittal), adopting the security measure. The theme addressed is extremely complex in Brazilian law, as it is necessary to understand Mental Illness. The World Health Organization (WHO) has established the definition of health as a state of complete physical, mental and social well-being and not only absence of affections and diseases, however, this definition is very broad and imprecise, being difficult to define the true meaning of well-being, which gives room for a series of interpretations and an even greater series of questions.