A reincidência e a ressocialização criminal em casos de psicopatia: desafios para o direito penal

Abstract

This paper aims to analyze the challenges faced by Criminal Law in relation to persistent recidivism and the obstacles to the resocialization of individuals diagnosed with psychopathy. It examines the legal framework governing both issues and explores the purposes and objectives attributed to penal sanctions and the current prison system. Psychopathy, characterized by the absence of empathy, raises critical concerns regarding the feasibility of resocialization, especially given the high rates of recidivism observed among affected individuals. Drawing on interdisciplinary research in Law, Psychology, and Criminology, the study discusses the biological and psychological factors associated with psychopathic offenders, who often resist traditional rehabilitation programs implemented by the State. This situation underscores the need for the development and implementation of specialized, tailored policies designed to address these cases effectively, aiming to safeguard society without infringing upon the fundamental rights of the convicted. Furthermore, the study advocates for a more effective Brazilian penal system that strives to balance public safety with the protection of individual rights, particularly the principle of human dignity