Criminalização da loucura: análise do instituto de medida de segurança enquanto sanção penal aplicada aos psicopatas

Abstract

The present study will deal with the criminalization of madness and the consequent application of security measures to psychopathic convicts. Therefore, it is necessary to expose the institute of security measures, the historical development, its current forms, purposes, species and application hypotheses. In the sequence, the criminalization of madness will be addressed, bringing the concepts of madness and its treatments over the centuries, as well as the institutions for that: the asylums, including the judiciary. Subsequently, the psychopath will be approached as such, in order to define him according to the understanding of psychiatry, so that, in the sequence, a legal analysis of this individual will be carried out, focusing on the question of the imputability of this subject, who can be classified as semi -imputable or non-imputable depending on medical expertise and judicial analysis. Finally, the (in)effectiveness of applying security measures to psychopaths will be demonstrated, given the irrevocability of their mental condition, bringing a concrete case illustrating this situation. The development of the present study took place through descriptive and deductive analytical methodology through existing bibliographies on the subject. Still, the main research problem is the effectiveness of the application of security measures and the configuration of imputability, non-imputability and semi-imputability of the agent, demonstrating the ineffectiveness of the institute