ANÁLISE DA INIMPUTABILIDADE E SEMI-IMPUTABILIDADE DO MENOR: OS REFLEXOS DA PSICOPATIA

Abstract

THE PRESENT RESEARCH, NOW ENTITLED "ANALYSIS OF THE UNIMPUTABILITY AND SEMI-IMPUTABILITY OF MINORS: THE REFLEXES OF PSYCHOPATHY", MAKES AN ASSESSMENT OF THE UNIMPUTABILITY AND SEMI-IMPUTABILITY OF THE MINOR, AND SEEKS TO DEMONSTRATE THE RELEVANCE AND UNDERSTANDING OF THE REAL LEGAL TREATMENT PROVIDED TO INDIVIDUALS CONSIDERED UNIMPUTABLE AND SEMI-IMPUTABLE. IT IS IN THIS CONTEXT THAT PROBLEMS ARISE, SUCH AS: THE EFFECTIVENESS OF A POSSIBLE REDUCTION IN THE BRAZILIAN PENAL AGE; EDUCATION AS A MORE ADEQUATE RESPONSE TO VIOLENCE COMMITTED BY MINORS; AND, ALSO, IF THE EXISTING GAPS IN THE LEGAL SYSTEM WOULD BE THE CAUSES OF LEGAL UNCERTAINTY FOR SOCIETY. THE METHODOLOGICAL APPROACH USED WAS BIBLIOGRAPHIC RESEARCH, AS IT WAS BUILT ON THE BASIS OF BOOKS, MAGAZINES, THESES, DOCTRINES AND LEGISLATION. THE OBJECTIVE IS TO UNDERSTAND THE FACTORS THAT LEAD MINORS TO COMMIT INFRACTIONS AND ANALYZE THE LEGAL PROTECTION OF THE UNIMPUTABLE AND SEMI-IMPUTABLE INDIVIDUAL WITHIN THE BRAZILIAN LEGAL SYSTEM. IN AN ATTEMPT TO ANSWER THE QUESTIONS OF THIS RESEARCH, THE MAIN SOURCES USED WERE THE WORKS OF NUCCI (2019), CAPEZ (2020), OLIVEIRA (2016), CARDOSO (2016), MAGALH�ES (2019), MACEDO (2018), AMONG OTHERS. . IN THE END, IT WAS FOUND THAT QUALITY EDUCATION WOULD ACT POSITIVELY ON THE BEHAVIOR OF MINOR OFFENDERS, IN ADDITION TO OBSERVING THE NEED TO ADAPT THE NORMS THAT CURRENTLY SUPPORT THOSE WITH PERSONALITY DISORDERS, TAKING INTO ACCOUNT THE OPINION OF PSYCHIATRISTS FOR THE LATTER CATEGORY