SILVA, D. J. V.; SILVA, Débora Janaina Viana.
Abstract:
Considering that each passing day crime levels increase and that the State is facing a crisis that touches all Brazilian society regarding the fight against this growing criminality, as well as the application and effectiveness of Brazilian law, the institute of prescription, which is a legal fiction, makes it impossible to apply or execute the sentence as a result of the passage of time, so in certain cases, it may act as an obstacle to the exercise of the power / duty of the State, that is maintaining social order and ensuring that social justice is realized. The Brazilian Federal Constitution of 1988, that is the one actually applicable, displays its 5th article, items XLII and XLIV, respectively, the crimes of racism and of the action of armed civil or military groups against the constitutional order and the Democratic State, which are the only hypotheses of crimes without prescription in the entire Brazilian legal system. It is undeniable that, among the goods that Brazilian legislation seeks to protect, life is the most essential to the human being, without which, it does not make sense to protect others. Therefore, the present study analyzes the prescription, as well as the Imprescriptibility and the possibility of including the murder in the roll of the imprescriptible crimes. The construction of the present work was helped by the deductive, historical and systematic methods. The procedures were based on bibliographic research and analysis of books, journals and scientific papers on the subject. Facing this, the objective is to understand, clarify, without exhausting the questions about the subject of the imprescritibility of murder as an instrument of greater protection for the legal good, life.
