A responsabilidade penal dos acusados com transtorno de personalidade dissocial e a análise casuística do maníaco do parque.

Abstract

Dissocial Personality Disorder or psychopathy is a personality disorder and is characterized as a behavior of the being in which the absence of empathy, remorse, compassion stand out. Individuals with psychopathy have attitudes of dominance and excessive power towards others. This research aims to know and understand how this personality disorder is treated in the criminal legal context in the spheres of law, doctrine and jurisprudence. This Research will focus on presenting an overview of approaches related to the psychopathy construct, as a concept, classification and measurement in the psychiatric clinical field. Afterwards, it will be exposed how the law treats or fails to treat defendants diagnosed with this disorder, in this environment the controversies in the lines of the criminal doctrine will still be demonstrated. Subsequently, it will be developed how the jurisprudence of the Court of Justice of the State of Ceará (in Brazil) judges cases of psychopathic defendants. Finally, there will be a detailed analysis of the case of “Maníaco do Parque”, a brazilian serial killer diagnosed with psychopathy. In the end, the research concludes by presenting the most reasonable positioning of criminal responsibility for psychopaths as well as solutions with practical and concrete changes that the criminal enforcement law and the prison system can adopt in order to make the principle of individualization of the sentence more effective and consequently be reflected in a more dignified criminal responsibility. Keywords: Psychopathy. Personality disorder. Culpability. Semi imputability. Park Maniac.