A medida de segurança e seu caráter perpétuo.

Abstract

This work intends to show that the security measure can become a perpetual penalty, when Art. 97, § 1 of the Penal Code says that; The security measure will only cease when the agent's mental disturbance ceases, but if it never ends, it will be subject to an indefinite measure, prohibited in our national legislation according to Art. 5 XLVII, b, of the Federal Constitution of 1988 , which prohibits perpetual punishment, these are often imposed nowadays, so we will demonstrate to whom and when the security measure will be applied, if its application really suits the desired effect. We will question the difference, and if there is, between the security measure and the sentence in the course of its execution, the place where the security measure will be fulfilled, can offer the detainee means of re-socialization and guarantees of an efficient return to the environment We will discuss what are the security measures, which is the most applied, why and the most applied, always focusing on our position, in view of the evils and deficiencies of the State's power to punish and rehabilitate. All based on principles, which guide this measure, we will make available to the reader the social objectives that encompass the security measure and its parameters, where it will both play a security role for those subjected to this punishment, as well as also bring security to society, which has long sought peace and tranquility, for social well-being. Regarding the doctrinal and jurisprudential positions, we will show opinions that favor our line of reasoning, since it is an old theme, but of super-new discussions, of new indoctrinators and judges, dismembering of extremely relevant challenges to achieve- we do justice.