Transtornos de personalidade, psicopatia e serial killers: a coculpabilidade do Estado diante da ineficácia da sanção penal

Abstract

Criminal Law is known as the last instance of Law and within it, there are two types of punishment for those who commit criminal offenses, the penalty and the security measure. There is the figure of criminals who have personality disorders, who are seen by the law as unimputable and therefore are covered by security measures. With the growing number of serial killers with personality disorders, it is of paramount importance to study and analyze whether the way the Law treats these criminals is effective and proportionate and whether they can be re-socialized. The present work will seek to conceptualize Law and Medicine, showing the relationship of dependence between them, showing how legal medicine is of extreme importance within legal science. The present work will also conceptualize the personality disorder, showing the peculiarities of this dysfunction and will evaluate if the controls used by criminal law are effective. The methodology used to carry out this work was exploratory research and the procedure used was interpretive and the research technique was bibliographical and documental.