A (im)punibilidade dos psicopatas a partir do fim dos hospitais de custódia

Abstract

This monographic work presents the issue of the closure of forensic hospitals, according to CNJ Resolution No. 487/2023, which mandates that all Custody and Psychiatric Treatment Hospitals (HCTP) in Brazil be shut down by 2024. Initially, the study introduces the concept of psychopathy and analyzes the psychological aspects of individuals with this disorder, detailing their main characteristics. Then, it examines the State's duty to protect fundamental rights and the society, and subsequently it explores the analytical concept of crime to understand the elements that constitute culpability, addressing issues of (non)imputability, semi-imputability, and security measures. Finally, it delves into the implications of the CNJ Resolution for the treatment of individuals with mental disorders and the challenges that will be faced by the Judiciary and society with this new regulation. To achieve this, the research adopts a deductive methodology with the aim of analyzing the psychological and legal aspects related to psychopathy and its treatment within the context of the Brazilian criminal justice system