Da hipótese de despenalização indireta da conduta criminosa em face da aplicação isolada da pena de prestação pecuniária.

Abstract

The penalties restricting rights, gender, which is part of the cash benefit, they symbolize the minimalist ideal sought by the current criminal justice system, due to the failure of the custodial sentence. However, it is noticed that the cash benefit, in addition to the features less invasive, the desired profile of reprimands substitute, has a reparative nature calendar, which casts doubt on its practicality as a penalty. So overall goal of this research is to analyze the character of the retributive and deterrent replacement of deprivation of freedom by applying single cash benefit in favor of victims of crime. In turn, specific objectives are: identify the main historical aspects of alternative sanctions, particularly the financial penalty; differentiate the species of legal liability arising through criminal offense and also to identify the situations in which the cash benefit may be confused with liability of the author, in the face of a criminal offense committed. To enable the construction of the theoretical aspects of the monograph, pursuing the goals listed, is employed as a research method and the abstract-deductive method as the procedural and legal exegesis, aided by the historicai-evolutionary, doing everything by using the search technique literature applied to legal texts, doctrinal, jurisprudential and scientific. As a result, through the theoretical development grounded in specialized reference materials on the issue, we have that the cash benefit, when applied in isolation and intended to hurt, is mere anticipation of possible indemnification civil, characterizing themselves as well as a penalty for the loss of preventive and retributive effects that characterize this kind of sanction.