medidas de segurança e seu prazo máximo de execução

• Autor(a) principal: Jeremias, Mariele Graciano Bento
• Data de Publicação: 2020
• 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/5756
• topic: Direito penal; Pena; Prevenção do crime

The present monographic work aimed to analyze the reasoning of the courts regarding the positioning of the application of the term determined in the security measures. To do so, use, in terms of level, exploratory research, with the intention of creating familiarity with the object of study. Regarding the approach, a quality is used, as the data collection is based on content extracted from legislation, judgments, theses, doctrines, among other sources. The procedure used to collect data was a bibliographic and documentary research, as the studies were carried out using information and data already published in books, magazines, the written press and publications from several sources already referenced, that is, a data collection took place from indirect form, defined as primary sources. The results obtained by means of the research demonstrated, for the STJ, as security measures must be applied according to the term of the sentence abstractly related to the crime, based on or prism that there is no different treatment between inimitable and semi-inimitable, respecting the principles of isonomy and proportionality and supporting its foundation under a safety measure criterion, follow the rules of the penalty regarding the maximum limit provided for in the legislation, having its own edition already edited. The STF, however, ensures that the security measure is a type of criminal sanction, and that, therefore, it is subject to the rule contained in article 109 of the CP, which determines the maximum term for serving the sentence. In view of the principles presented in the work, as well as the fundamental rights listed in the Federal Constitution of 1988, concluded, although the position is similar, a gap in the legal system is notorious, since the courts use different arguments. Thus, an express term forecast is necessary to standardize the jurisprudence in relation to the subject. Keywords: Criminal law. Penalty. Crime prevention.