Psicopatia e a aplicação de penalidades no ordenamento jurídico brasileiro: reflexões a partir da realidade do Instituto Psiquiátrico Forense de Porto Alegre

Abstract

This study proposes an analysis of psychopathy and its application in the legal system in the criminal sphere, with the purpose of pointing out how this personality disorder is applied and why it generates so much debate between students and doctrines. It is perceived that psychopathy, in the criminal sphere, is much discussed by indoctrinators, since many believe that the person with this personality disorder is not attributable, that is, that he does not become guilty for his crime, but will have a measure of security imposed on that individual. Moment in which the research problem arises, linked to this conception that psychopaths have no feelings, that they commit crime with a total absence of remorse or guilt. From this perspective, the present work addressed the crimes on psychopathy seen by the legal system and by health professionals, as well as psychologists and psychiatrists. It will also show the ineffectiveness of security measures for people with personality disorders, such as the Psychiatric Hospital of Porto Alegre and the connection of these measures with Human Law. This legal monograph was carried out using the inductive method through a bibliographic and documentary research.