A responsabilização penal de indivíduos semi-imputáveis: uma análise crítica das decisões judiciais envolvendo a condição de condutopatia

Abstract

The present work is limited to analyzing the theme of criminal responsibility of the semiimputable individuals, referred to as conductopaths. Indeed, conductopathy is an antisocial mental disorder that affects the part of the brain responsible for empathy and various other essential feelings required for harmonious coexistence in society. In this sense, the problem of this study can be summarized in the following question: how is the criminal responsibility of a semi-imputable individual with such a brain dysfunction, which hinders the understanding of the illicit nature of an act at the time of the action, applied? In the analysis developed, the general objective is to investigate the punishability of conductopaths within the scope of Brazilian law. The social and legal relevance of the study is justified due to the numerous divergences regarding how conductopath individuals should be treated judicially, aiming to determine whether the attribution of semi-imputability is appropriate, given that Brazilian criminal legislation does not include provisions specifically addressing defendants diagnosed with this disorder. To this end, this research employed an exploratory study of a basic nature and qualitative approach, utilizing the deductive scientific method combined with historical and typological procedural methods, as well as the use of bibliographic and indirect documentary research techniques. After pursuing results on the outlined topic, it can be succinctly concluded that the legal treatment concerning individuals affected by this disorder is flawed, as they are treated as "common" criminals, despite the evident differences.