Termo inicial da prescrição da pretensão executória

• Autor(a) principal: Pires, Manuela Francisca da Silva
• Data de Publicação: 2024
• 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/42314
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Prescrição penal; Termo inicial; Prescrição executória; Criminal prescription; Initial point; Execution prescription

The main objective of this study is to analyze the execution prescription, specifically focusing on the initial term for the counting of deadlines related to the institution, according to the rights granted to the defendant in Criminal Law and the basic precepts of the prescription institution. The study employed a deductive approach method, establishing a theoretical foundation to understand the issues surrounding the institution and subsequently using doctrinal and legal bases to identify its evolution. Finally, the jurisprudence of the Supreme Federal Court was examined, particularly the thesis established in the judgment of the Extraordinary Appeal with aggravation No. 848.107/DF, to understand the realignment of the rule described in Article 112, item I, first part, of the Penal Code with the current legal and procedural reality. The results indicated a realignment in the interpretation of the rule of Article 112, item I, of the Penal Code, in light of the current legal and procedural reality. The Supreme Federal Court, through the thesis established in Topic 788, recognized that the literal application of the said article contradicts the concept of prescription according to the new jurisprudential guidelines of the Court. In conclusion, the analysis found that the interpretation of the initial point of the execution prescription must be adapted to current constitutional principles, especially regarding the adversarial process, ample defense, and presumption of innocence. In this context, the Supreme Federal Court played a crucial role in redefining the application of Article 112, item I, of the Penal Code, harmonizing it with contemporary legal reality and the fundamental rights of defendants