Análise da legalidade e da viabilidade da castração química para condenados por crimes sexuais

Abstract

This research aims to demonstrate the feasibility of adopting chemical castration as a right to the sex offender in the legalsystem, asit is not an unconstitutional measure. Chemical castration is the application of drugs and hormones that act in the body as libido inhibitors with temporary effects. Historically, castration has been used to target the criminal in the same proportion of damage that he inflicted on the victim. The first mention of the origin of castration can be tracked back to the time of the Talion Law, with physical castration, but from the development of society, cruel punishments were no longer applied. Currently, the application of chemical castration has gained notoriety, used for the criminal voluntarily adopt it to obtain regime progression and conditional release, already adopted in other countries with satisfactory rates of recidivism in sexual crimes. In Brazil, there is a strong discussion about the applicability of this type of punishment to the sex offender, leading to the proposition of bills to insert this type of sanction into the criminal framework, as a solution to the reduction of the practice and recidivism in crimes of sexual nature. However, some believe that this is an unconstitutional measure, why its application is prohibited in the country.