Criminology: neuropsychic disorders and criminal imputability

This article examines the violation of the principle of culpability, nulla poena sine culpa, main support of the Criminal Law. Based upon the other principles of the democratic state of law, it shall project a minimum and guaranteed Criminal Law. The formal protection of the rights and personal guarantees in constitutional criminal area has not been sufficient to ensure the citizen's Jus Libertatis against the Jus Punicndi of the state. The culpability that justifies the imposition of sentences and limits the punitive intervention of the State grants the judge permission to individualize the criminal response according to the crime. It is observed that there are concepts that do not correspond to the scientific reality of the psychopathologies identified and classified by the modern Criminology in the Brazilian Criminal code of 1940. Different from the criminal codes of Europe, the Brazilian Penal Code remains confined to a hermetic dogmatism, still reflecting the reductionism of the biophysical psychiatry of the nineteenth the reductionism of the biophysical psychiatry of the nineteenth century. This view isolates the criminal legal culture from the substantial study of the psychopathologies. Added to the mechanism of the procedural practice, it is emphasized that this reduced approach prevents criminal justice to recognize the neuropsychos disorders. It is necessary for the Brazilian Criminal Law to assume the interdisciplinary perspective of the modern Criminology and to take into consideration all the complexity of the crime.