Os reflexos processuais da prescrição antecipada.

Abstract

Versa, this research on early prescription of the penalty, also known as projected, virtual or prospective, and their reflections in penal area, a topic that generates much controversy involving a host of scholars and enforcers of law, which deals with the application or not prescription based on any penalty imposed. The divergence is guided on the one hand, in the absence of such law and the principle of obligation, due process, and the adversarial legal defense, as yet, the presumption of innocence and the right of the defendant's sentence merits. On the other hand, cares about the lack of just cause for the prosecution, considering the lack of the essential requirement to act in the interest of the principle of procedural economy and social reprimand as a sanction criminal prosecution. The study begins with the concept of power and duty to punish the state, posing briefly for the differentiation between the power to punish abstract and concrete, followed by the roll of the causes of criminality that cancel. Subsequently, we undertake a study found on prescribing criminal, giving the concept, history, rationale, legal status and species, weaving special consideration on the prescription backwards and the changes produced with Law 12.234 of 05 May 2010. Finally, it is an early analysis of the prescription, using both the doctrinal views and understandings of jurisprudence, and, in view of the arguments pro and contrary, you arrive at the inference that the prescription has great support in the early lack of interest to act, this being his main argument. The study is headed up the research literature in all three chapters, more theoretical in the first two, using also practical arguments in the third example of the jurisprudential understandings.