VIEGAS, F. A.; http://lattes.cnpq.br/0907310342161845; VIEGAS, Felipe Almeida.
Abstract:
The present completion of course monographic work is about the legal institute of
criminal limitation, especially about the initial term of the State’s enforceable criminal
pretension limitation statute and its systematic and axiological (in)adequacy to the
current normative architecture, envisaged through the postulates that inform the
constitutional order and conform the current infraconstitutional criminal legislation in
Brazil. For this, it was used deductive and inductive approach methods, historical and
comparative methods of procedure, as well as bibliographical and documentary
techniques of research. The unit of the legal system determines the harmonization of
the Constitution with the hierarchically lower normativity, as well as the dialogic
conciliation of the own elements that compose one and the other. The 1988
Constitution of the Federative Republic of Brazil inaugurated a new constitutional
order, a new legal paradigm that imposed to the interpreter of the law, consequently,
the indispensable (re)conduction of the infraconstitutional normative set to the
constitutional principles, in other words, to the guidelines of the Fundamental Law in
which sits the systematic character of the legal system. The interpreter of the law,
therefore, works on a legal system that, while interdependent normative framework,
presupposes cohesion and adjustment. The Constitution is the integrative element of
this system, from it radiates the idea of the unit of legal order. The initial term of the
enforceable criminal pretension limitation statute established in Brazilian criminal law
presupposes the possibility of the provisional execution of the penalty, which,
incompatible with the expressly provided in the current Brazilian Policy Letter
principle of presumption of innocence, leads to a denaturation of the legal institute of
limitation on its foundations. In this path, the aim is to analyze the dialectical logic of
the appeal and limitation system of the Brazilian criminal law and its constitutional
conformation, defending the necessary legal adequacy, or judicial, through
interpretation according to the Constitution, of the aforementioned term.