PSICOPATIA: INTERNAÇÃO OU DESINTERNAÇÃO?

Abstract

The present work aims to analyze the repercussions of Resolution n. 487/2023 of the National Council of Justice (CNJ) for psychopaths undergoing security measures in the form of involuntary commitment. The specific objectives are to examine the characteristics of Antisocial Personality Disorder, its implications on culpability, and appropriate treatment measures within the scope of penal execution. The justification for this research lies in the significance of assessing the culpability of these individuals, as their capacity for culpability directly influences the state's response. It has been observed that psychopaths exhibit diminished culpability due to the traits associated with Antisocial Personality Disorder, which is why they are considered partially responsible, subject to either penalty or security measures, contingent on the necessity for specialized therapeutic intervention. However, it has been noted that the Brazilian penal system exhibits inadequacies in handling psychopathy and other mental disorders or illnesses. This is the reason why Resolution n. 487/2023 of the CNJ attempted to address this shortfall, instigating a deinstitutionalization of security measure enforcement under the scrutiny of the Judiciary, thereby transferring the responsibility of treatment and the guarantee of the right to mental health to the general healthcare system. This measure also presents inconveniences concerning the unique nature of Antisocial Personality Disorder.