A necessidade de inovação na política criminal brasileira quanto ao tratamento penal para delinquentes psicopatas em benefício da reinserção social dos infratores comuns

Abstract

Brazilian criminal law currently lacks research and studies in the search for new ways to establish a new criminal treatment to be given to psychopathic criminals for the benefit of resocialization of common criminals. The objective of this work is to analyze the psychopath in prison and the need for a new criminal treatment for them before the community. Thus, taking as starting the inductive method, based on the exploration and explanation of the research, with the purpose of dealing with the psychopathic criminals in the penitentiaries, since, psychopaths do not justify the measure of security, since they are in full mental enjoyment , which is different from those with neurological problems. Thus, psychopathic criminals can not comply with the criminal sanction imposed by the State together with normal criminals, since the punishment to which they are subjected does not have the learning effect. For psychopaths, jail is just another place to practice their skills of manipulating people and distorting reality with untruths. In addition, it is necessary to expose criminal imputability together with the General Theory of Crime, as well as knowledge shared in works by the renowned researcher Robert Hare, assisting in the identification of the criminal psychopath and its respective effective treatment having reflex in the legal environment. Therefore, the innovation of psychiatry and psychology regarding the appropriate treatment of criminals with the Hare scale and its application in the Brazilian penal system.