Navegando por Assunto "Direito Penal"

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A culpabilidade do psicopata homicida e a aplicabilidade da sanção penal
(Centro Universitário do Estado do Pará, 2022) Nogueira, João Pedro Gomes; Pamplona, Karla Marques; http://lattes.cnpq.br/5228348047968891
This work consists of examining forms of applicability and classification of the psychopath in the criminal legal scope, that is, in our Brazilian Criminal Law, the psychopath is classified as being semi-imputable, claiming that the carrier has a mental disorder or incomplete or delayed mental development that makes the individual partially incapable of understanding the illicit nature of the act or of determining himself in accordance with such understanding, as provided for in the sole paragraph of article 26 of the Penal Code. Concepts of psychopathy were explored in the general scope, thus outlining its characteristics and behaviors in order to have a broader view of who the homicidal psychopath would be (antisocial personality disorder), and very succinct concepts regarding the serial killer, since only the Borderline Serial Killer type is what interests us in this work, in order to visualize all the cruelty exposed and the coldness with which this subject deals, we identified through real cases of serial killers most famous in Brazil.
Uma análise da constitucionalidade do novo crime de violência psicológica contra a mulher – Art. 147-B do Código Penal
(Centro Universitário do Estado do Pará, 2022) Pinto Neto, João Inácio Braga; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
The present research aims to investigate the constitutionality of the crime of psychological violence against women, typified in art. 147-B of the Penal Code, especially in light of the constitutional principles of equality, both in its formal and material dimension, and legality, as well as its corollaries in Criminal Law. For this, the methodological procedure of bibliographic research was used, investigating primary and secondary sources, for the analysis of statistical data, especially regarding rates of psychological violence, its difference between men and women, and inspect the doctrinal views regarding the constitutional principles and the criminal type analyzed. We conclude that art. 147-B of the Penal Code ends up violating the principle of equality, since statistically there is no great disparity in the rates of psychological violence between men and women, and in fact, recent studies shows that in many cases men are the biggest victims of this type of violence, and so that the discrimination contained in the text of the crime is unfounded, therefore there's no positive discrimination. In addition, the art. 147-B also violates the principle of legality, since due to the great indeterminacy contained in its text, it would end up giving wide scope of interpretation to law enforcers, favoring arbitrariness on the part of the State.