A necessidade de inovação na política criminal brasileira quanto ao tratamento penal para delinquentes psicopatas em benefício da reinserção social dos infratores comuns
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Date
2019-01-21
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Universidade Católica do Salvador
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.
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Keywords
Psicopatia, Direito penal, Escala hare, Imputabilidade, Psychopathy, Criminal law, Imputability, Hare scale