Medida de segurança a impossibilidade de concessão do indulto coletivo

• Autor(a) principal: Dias, Patricia Trita
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/30018
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; Medida de segurança; Indulto; Impossibilidade; Safety measure; Forgiveness; Impossibility

The safety measure has had a long and intricate historical development, having been marked by influences of Criminal Schools, especially with regard to criminological positivism, to acquire its current layout. There is no doubt about its juridical and autonomous nature, and its purpose quite different from that presented by the penalty, because it is aimed primarily, treatment and cure of the blameless and their subsequent reintegration into society. The forgiveness, in turn, serves as a political criminal, designed to empty the prison and judicial settlement of any injustice. This research seeks to analyze the discrepancy of the application of this institute to the safety measures. There is a severe disconnect between forgiveness of security measures provided by Presidential Decree No. 6.706/2008 and the constitutional, legal and principal commands. At first, we understand that there is no constitutional provision for the application of forgiveness to the hospitalized or undergoing outpatient treatment. The Chief Executive extrapolated assignment that has been expressly granted. Also, forgiving the safety measure is inconsistent with the existing legislation, as it allows the release of dangerous individual still not fully recovered, avoiding its conditional release. Last but not least, we argue that the decree of forgiveness is against the principals provided, being completely unreasonable, disproportionate and unequal. Thus, although there are many difficulties in the implementation of safety measures, the application of these penalties designed to institute gives rise to the subversion of order and therefore proves to be impractical