Interface entre neurociências e Direito Penal: há bases neurológicas para a imputabilidade na psicopatia?

Abstract

Psychopathy is associated to more violent crimes and high rates of criminal recidivism. In the Brazilian Penal Code, it can be considered one of the conditions that lead to semi-criminal imputability, which is questioned by some authors. Recent studies have discovered associations between dysfunctions in several brain areas and psychopathy. As an example, we can mention reduced activity in the amygdala and dysfunctions in the medial prefrontal cortex, the posterior region of the cingulate gyrus and the angular gyrus. This review sought articles that justifythe classification of psychopaths among the semi-imputable from a neurobiological aspect,. We gathered 9 works from BIREME and PUBMED databases. The studies suggest brain structural and functional changes that may cause impairment in the capacity for self-determination among individuals diagnosed with psychopathy. However, studies can not demonstrate an inability to discernment, but they suggest only a loss in the capacity for self-determination. Therefore, more research are necessary to definitively answer whether psychopathy may, in fact, lead to imputability or semi-imputability.