Aplicação da medida de segurança face aos direitos fundamentais do louco infrator em sede de um estado democrático de direito.

Abstract

The security measure, implemented in the acquittal improper, translates into little discussed topic in doctrine and jurisprudence in Brazil, despite its great importance both from a legal standpoint, as under the humanist focus. This research investigates the application of security measures in individuals offenders with mental illnesses. Thus, the issue of this work is revealed in the question of knowing how the fundamental rights, in place of a democratic state of law can be effectively applied in the realm of the insane offender. The objective is to examine the legal criteria for the application of security measures in light of the Constitution, outlining the main theoretical constructs on the topic under discussion. Thus, the rationale of this research is consolidated in such a paucity of legal debate, besides the need to highlight the effective protection of fundamental rights of the insane offenders, so that the highest law of the Brazilian state, is not outraged, especially in respect to the indisputable character of perpetuity, often found in the fulfillment of a safety measure. Thus, by the deductive method, aided by the historical method, making use of technical literature, investigates the Brazilian doctrine noting some omission on issues concerning security measure, especially as concerns the fate of insane offenders. However, the academia, especially in graduate school, has been observing studies on this subject through theses and dissertations focused on addressing the issue in this work. In place of law, note that there are favorable positions on the Supreme Court, which has delivered on its decisions understandings support the elimination of the indefinite detention order. However, beyond this issue stormy, stand out, yet in this work, some aspects that must urgently be deconstructed in order to pursue alternatives to institute means of enabling patients to see their individual rights guaranteed under the Constitution of the Federal 1988 as a unique way to recognize the insane offender a decent human being and full, the holder of such fundamental rights as other citizens.