A semi-imputabilidade do agente que sofre de amor patológico, tornando-se co-dependente: nova perspectiva para o direito penal brasileiro

Abstract

This work aims at the presentation of partial alteration of the writing of unique paragraph of article nº 26 of the Brazilian Criminal Code with the inclusion of the agent codependent on the love on the condition of half-imputability in reason of a mental health disturbance as well as proposals of application of foreseen measures of security in law to those who have committed a crime in face of the pathological love which they cherish for their consorts. The subject under consideration is fruit of the indignation to the treatment excused for the Criminal Law in force to the agents on the afore mentioned conditions; therefore, the latter deserve and need both treatment and recovery, not penalty application. The positioning of innumerable jurists had been searched: a confrontation between the Republican Criminal Code and the present one concerning the states of mind and, the respective treatment excused for the former, was stopped. Entities had been searched, that deal with people who are codependent on the love as well as interviews were carried through both with codependents and people who have a daily relationship with the latter with the presentation of proposals for protecting measures to the victims. Field-works had been made in order to clarify both the reason why the defendant s wives never abandon them and if such a behavior means codependency. The results obtained had been enough to assert that to the codependents on love new criminal rules must arise as they suffer from mental-health disturbance and, they may perpetrate crimes without full capacity of self-determination, therefore they deserve a differentiated treatment by the criminal law, in attendance to the Constitutional Supreme Principle of the Human Dignity which must monitor all the juridical decisions