A aplicação e eficácia da suspensão condicional da pena após a vigência da Lei Nº 9.099/95.

Abstract

Given the large number of violent crimes that began to surround the Brazilian society, and demanded that the legislative bodies effective measures to combat, the study aims to understand the applicability and effectiveness of the conditional suspension of the penalty, SURSIS, after the advent of Law No. 9,099 / 95, which established the special criminal courts. As a goal, we want to identify the real situation in the legal world, pointing the similarities and differences between this transaction and institute criminal and conditional suspension of the process, which are the benefits brought by this new law. Delineators our research analysis of the participation of the general aspects of SURSIS, starting with the definition of its concept, origin and nature. Then pass by a theoretical approach on the special criminal courts, including the specification of the principles that you opportunity be a consensus justice. The analysis has allowed us to verify that without a more efficient supervision by the state, the purpose of preventing the loss of the right to freedom by the author of the tort and to find that this is appropriate to the social values will not be achieved, characterizing the low efficiency this measure out penalty. The description of the subject is founded in the quest for true faces of those offices today, among which included the forms of impact on processes in which they are respectively suitable, and how it is monitored.