Author(s) Diana Raquel Costa dos Santos
Advisor(s) Flávia Noversa Loureiro
Synopsis The theme of criminal (un)imputability is seen as one of the biggest problems in the whole legal dogmatic, once it deals with questions related to guilt and the presence of people unrelated to the criminal process, who will make a decision relative to a certain substance. (Un)imputability is found in article no20 of the criminal code and has as assumptions the existence of a psychic anomaly that incapacitates the individual, at the time of the practice of the fact, to evaluate the illegality of it or to determine himself according to that evaluation. Psychopathy is considered a personality disorder and is characterized by impulsiveness, aggressiveness, manipulation, deficits at empathetic level, absence of guilt and remorse, callousness, calculus and devaluation of the practiced acts. Psychopaths also present a high degree of recidivism. The question for we to know if, according to no1, article no20, from the criminal code, psychopathy may fit on the concept of “psychic anomaly” – filling the biopsychology element – and if, possibly, may unable the agent evaluation of the illicit, at the moment of the practice of the criminal fact, or his self-determination according to that evaluation – filling the normative element – it has been shown a question that is involved with a lot of controversy.
See more here.