Termo inicial do prazo prescricional da pretensão penal executória: (in)coerência sistemático-axiológica e a necessária conformidade constitucional.

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.