Instituto da medida de segurança: sua eficácia e legalidade.

Abstract

This essay aims to examine the use of the security measures institution in the criminal legal system, particularly in regard to its effectiveness as a legal instrument to fight against crime. The need to consider the criminal as an agent that requires special medical care comes as a major differentiator between theoretical measures and the penalty theory. The study of the therapeutic measures described in the Brazilian Penal Code emerge as critical for a more humane criminal law in that it shows the treatment of the criminals that, although individuals with mental illness or who have incomplete or retarded mental development, protect with themselves some of their most basic rights such as access to effective medical care and have a treatment consistent with human dignity. Backed up the law exegetic and bibliographic methods, the textual construction argue for search ineffectiveness of security measure when applied in practical cases the town home and can turn a discussion about the illegality of such measures on the spot of the Federal Constitution of 1988.