Sentença penal absolutória imprópria: um contraponto entre a legalidade e a justiça de uma decisão.

Abstract

The improper absolutory penal sentence is the sentence applied to the not imputable in cases of mental illness, its legal purpose is to absolve the not imputable due to the lack of culpabil ity, and soon afterwards, in a preventive and curative way, applying to it a security measure. Therefore, the object of study of this work is the analysis of the improper absolutory penal sentence, of the precepts that support this decision, as well as its socio-legal consequences. As a general objective is highlighted: the analysis of the aspects of legality and justice of the improper absolutory penal sentence, regarding to the decision that absolves the not imputable by mental illness, at the time it imposes, coercively, a security measure. So, this research seeks, in a reasoned manner, as a questioning, to investigate whether the trial of the not im putable by the improper absolutory penal sentence presents itself legally acceptable and fair, regarding the procedural legal treatment given to the defendant not imputable by mental ill ness. Thus, it will be used the method of hypothetical-deductive approach, starting the present research from principles and general laws, to a specific premise, starting the study by the var ious conceptual theories of the crime institute, then by making a specific approach of the cul pability and the influence of its postulates on the improper absolutory penal sentence. So, it will use the technique of the bibliographic research, the selected theoretical reference, to seek the analysis of hypotheses raised in the research, in order to confirm or prove them wrong in the end of the work. It is concluded that in an analysis of the practical aspect of the improper absolutory penal sentence, it is clear that the camouflage in relation to the imposition of a measure of safety to the insane violator, is an unfair manner that the punitive State has found to euphemistically absolve the mentally ill, without, however assure him the same rights granted to the mentally healthy convict, obviously, regarding the appropriate specific features.