O tratamento jurídico dado ao serial killer com transtorno de personalidade antissocial (psicopata) no Brasil

Abstract

Antisocial personality disorder (ASPD), known as psychopathy (or sociopathy, as sometimes called), consists in an individual's total lack of empathy. Such lack of empathy can result in the formation of a serial killer. Although not every psychopath be a serial killer, 90% of all serial killers are psychopaths. In Brazil, there is no specific law or legal agreement regarding the fate of a serial killer with antisocial personality disorder. Considered to have semi-liability, the killer can have two different fates: prison or permanent containment in psychiatric hospitals. Besides the fact that there is no specific law that directs the psychopathic serial killer to a fixed destiny, both laws are inefficient in resocializing the individual. The punishment of the imprisonment does not bring a change in the psychopath's behavior, after all, he feels no remorse. As for permanent containment in a hospital, due to the negligence and determinism of the State and of forensic psychology itself, it treats psychopaths as "unsolvable" and is not committed to the re-socialization of the patient. This monograph's research problem consists in the question: Which is the legal treatment given to the psychopathic serial killers in Brazil? The objectives of the research are: To study the concepts of psychopathy and serial killers, to examine the current legislation on that subject, and to analyze, through a real legal case, the consequences of the legal inadequacy given to psychopathic serial-killers. There is a contribution to criminology and forensic psychiatry as it highlights the urgent need for the union of them both in solving the problem of the legal treatment given to psychopathic serial killers in Brazil. Furthermore, the research shows that there is already, at least the starting, of some advances and attempts to solve the great problem of re-socialization of the psychopathic serial killers. The methodology applied was a literature review according to Google Scholar, supporting literature, and legislation analysis. There is a qualitative character at this research and the study of a real legal case, in order to show the reality of the problems pointed out. It was possible to verify, through the research, that the lack of Law and commitment of the mentioned áreas above can generate inconstitutional punishments and no real resolution of the problem, that is afterall, the deprivation of liberty that exceeds the constitutional limits, and the lack of attempt of resocialization by psychology. There is no resolution of the problem because it has no attempts to solve it.