Serial killers: inimputáveis ou semi-imputáveis à luz do artigo 26 do código penal?

Abstract

This paper analyzes the origin and concept of the crime, making a connection with psychology and reports what are the main features of a criminal and the reasons that led him to commit a crime. When a crime is committed with refinements of perversity and cruelty, and in a short amount of time between a crime and another, the person who committed it is no longer called "Common Assassin", but Serial Killer. The vast majority of people confuse the Serial Killer with Psycho, however, this work presents a small disagreement about them, because the Psychopathy can reach several stages, namely: mild, moderate and severe, and a Serial Killers fits in the last one. It makes a small distinction about Liability, Nonimputability and Semi-Liability in the Brazilian legal system, it also presents two bills, one by the Federal Senate and other by the House of Representatives, presenting definitions and solutions about the Serial Killer, but these solutions are not in line with constitutional principles and come into conflict with the Constitution. Finally, it classifies these individuals as Imputable and Semi-Attributable presenting the measures taken for each individual, such measures are called sentence or detention order.