O termo inicial da prescrição da pretensão executória penal à luz da atual jurisprudência do Superior Tribunal de Justiça e do Supremo Tribunal Federal

• Autor(a) principal: Souza, João Francisco Mendes de
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5907
• topic: Direito Penal; Prescrição da pretensão executória; Termo inicial

The main objective of this work is to formulate a proposal for the interpretation of the initial term of the prescriptive pretension, according to the rights conferred on the defendant in the Criminal Law and the basic precepts of the prescriptive institute. The method of deductive approach was used in the development of this study. The research, in relation to the level, is exploratory, using, more, the qualitative approach and the procedures of collection of bibliographic and documentary data. The results obtained point to the need to pacify the existing controversy around the initial term of the prescriptive pretension. It was verified that, with legislative and jurisprudential developments, it was possible to proceed with the condemnation execution of the conviction without, however, making it possible to comply. Thus, the State began to be punished for not exercising a claim without even being able to exercise it. The Brazilian Superior Court of Justice, when interpreting article 112, item I, of the Penal Code, analyzes it in a literal way, that is, it makes possible the occurrence of the executory time limit in which there is no state inertia. The First Class of the Federal Supreme Court, otherwise, conditions the initial course of the aforementioned form of limitation of finality for the parties to the proceedings, so that the initial term would be linked to the possibility of complying with the condemnatory decree. Finally, it was possible to conclude that the discussion that surrounds the theme has great importance, aiming to avoid impunity in the criminal proceedings. It was pointed out, as a way of solving the problem, to associate the initial term from the time limit of the executory claim to the final res judicata to the prosecution (legal criterion) and to the possibility of executing the reprimand imposed (a criterion linked to the basic idea of prescriptive and to the principle of actio nata). Finally, it was stated that it is up to the Plenary of the Federal Supreme Court to pacify the issue, linking the other national courts, not forgetting for possible legislative changes that may influence the theme, according to draft legislation in progress in the National Congress.