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The aim of this paper is to analyse psychopathy in order to understand its characteristics in the psychological sphere, as well as to clear up doubts about the erroneous denomination of psychopathy. After this analysis, we will try to find out whether or not psychopaths can be held responsible in the criminal sphere. Furthermore, the current situation of the Brazilian prison system will be analysed, pointing out its flaws and its ineffectiveness in punishing psychopaths, as well as investigating a possible more effective solution for punishing psychopaths within the legal system.