Análise da criminalidade à luz do Transtorno de Personalidade Antissocial: o direito na interface da psicologia

Abstract

The work on the Analysis of crime in the light of Antisocial Personality Disorder: Law at the interface of Psychology has three problems – The Brazilian legal understanding of criminals with Antisocial Personality Disorder (ASPD); the patterns in TPAS identifiable to prevent the commission of crime; and the Law attached to Psychology in corroborating the criminal analysis of a subject with ASPD. The justification for the work involves expanding the view of Criminal Law on the criminality of those diagnosed with ASPD. In addition to increasing the scope of access to information about mental illness and how the Law makes possible processes against the unattributable by clarifying the current functioning of the Criminal Process for crimes committed by ASPD in Brazil. The general objective is to research the occurrence of contemporary Brazilian crime in terms of Antisocial Personality Disorder diagnoses. While the methodology is exploratory with literature review and deductive hypothetical analysis. The chapters deal with Antisocial Personality Disorder in individuals in conflict with the law; crime, psychopathy and accountability for mentally ill people with the central presentation of the Tripartite Theory and the concept of crime with the typical, illicit and culpable fact. After this, the independence of the institute of culpability and the legal application of exemption from punishment with semi-imputability or total criminal non-imputability to the criminal in conceptual highlight of diagnosed ASPD are presented. The understanding of Conduct Disorders in minors that conflict with the law is highlighted. The legislation applicable to the mentally ill is presented and the linking of the term Serial Killer with Theodore Bundy and accountability for mentally ill people is presented, focusing on total institutions and the judicial asylum as a security measure. The defense of the unaccountable and the crime and the way of being of the criminal diagnosed with ASPD conclude the first chapter. The second chapter begins with real versus imaginary imputability in the analysis of the Vampiro de Niterói case: Marcelo da Costa Andrade and his diagnosis of Antisocial Personality Disorder and Schizophrenia. Leaving for the dome of Law in the face of unattributable convictions and the imaginary, the ideal in comparison to Psychology and referenced in the limits of punishment in Brazil. Criminal individuals are highlighted from the perspective of Criminology in comparison to the film Joker. We move on to the third chapter with the possibility of crime prevention for Antisocial Personalities, with Cesare Lombroso's attempt and the perpetuation of contemporary Critical Criminology with standardized reason, punitive neutralization, reaction and the pro societa principle. It concerns the resolution of crime in Law in interface with Psychology in the approach of Chaos Theory and Phenomenology, it is proposed the construction in terms of control and reduction of damages in the now with treatments of Conduct Disorder and reduction of dual separation at the interfaces between Law and Psychology, a conscious proposal for state valorization of mental health in a perceptive glimpse of a Criminal Law of fact.