Crimes sexuais: a pena de castração química frente à dignidade humana

Abstract

The chemical castration’s institute is a subject almost unknow for the majority of the population, however, responsible for blunt discussions in the Comitees of Constituition and Justice and Human Rights of the National Legislative Houses, scene of legislators who seek to add it to the Brazilian Criminal Code as a way of increasing the punishment for sex crimes. This work aims, in the academic scope, to understand the discussion generated about the possibility of inclusion of this institute in the legal system and doctrinaire perspective, based on the Federal Constitution and Fundamental Human Rights, especially the violation of the Principle of Human Dignity. Requires, therefore, to comprehend the possibility of application of chemical castration in case of outcry from society and quantitative increase of sex crimes against basic principles of our legislation. Based on these analysis, it can be verified the application of this punishment method in other nations, the side effects of its application and the motivation given for the society to adapt the castration for the legal system which most of the time, is motivated by the desire for revenge.