Serial killers e a imputabilidade penal no direito brasileiro: responsabilidade criminal, periculosidade e os limites da aplicação da pena

This study analyzes the legal treatment of serial killers under the Brazilian legal system, considering the relationship between criminal responsibility, dangerousness, and the limits of state punishment. Its main objective is to investigate the criminal imputability criteria applicable to these individuals and the challenges involved in assessing the risk of recidivism, particularly in light of constitutional limits on punishment and the possibilities of social reintegration. The theoretical framework addresses Hans Welzel's Pure Normative Theory of Culpability, which understands culpability as a legal judgment of reproach, as well as the distinction between imputability, non-imputability, and diminished imputability, based on Article 26 of the Brazilian Penal Code. It also examines the differences between psychopathy, personality disorders, and serial homicide, considering contributions from Criminology and Forensic Psychology. The study adopts a qualitative approach based on the hypothetical-deductive method, using bibliographical, documentary, and legislative research, together with an analysis of emblematic Brazilian cases, including the Maníaco do Parque, Chico Picadinho, and Vampiro de Niterói cases. The findings demonstrate that classifying an individual as a serial killer or identifying psychopathic traits does not, by itself, establish criminal non-imputability, permanent dangerousness, or an inability to achieve social reintegration. Although certain cases present factors associated with difficulties in social reintegration and an increased risk of recidivism, the assessment must consider individual characteristics, clinical evidence, and the specific circumstances of each case. The study concludes that the Brazilian criminal justice system faces the challenge of balancing collective protection with the preservation of fundamental rights, particularly in view of the statutory limits on criminal sanctions. Therefore, individualized assessments and integration between Criminal Law, Criminology, and Forensic Psychology are essential to developing proportionate and appropriate legal responses.