PENAL METHOD AND MADNESS: THE LEGAL IMPUTATION OF THE INSANE OFFENDER BASED ON THE ANALYSIS OF GUILT

Abstract

This article is based on the exercise of jus puniendi exercised by the State against those not attributable to the practice of a typical offense. In this way, the history of ideas around the considered “crazy offender” will be outlined, with the object of research being the capacity for guilt as a condition for imputation and the imposition of a security measure as the criminal response given in the face of such a factual situation. . The methodology used is based on the hypothetical-deductive method with an emphasis on literature review. The present research is justified, given the importance of studying guilt and its location in the theory of crime and respective rationalization developments regarding the responsibility of the subject who is not attributable for mental illness. In the end, it is concluded that the study of guilt is of utmost importance in criminal dogmatics. Thus, based on the premise of the importance of studying guilt, there is an urgent need to restructure the institute of security measures in Brazil, through the rationalization of madness, with the consequent recognition of the responsibility of the unaccountable, through legal imputation, in the field of dogmatics, considering these subjects as subjects of rights.