A prorrogação por tempo indeterminado da medida de segurança e a sua (in) constitucionalidade.

Abstract

This work analyzes the the topic regarding the extension of the securityy measyre for an indeterminate period, since the Brazilian legal order foresees the non perpetuity in the application of the sentences, as placed at art. 5, XLVII of the Federal Constitution/88, however, it remains in silence regarding the time limit of the security measure, as stipulated in §1 of art. 97 that it will apply for an indefinite period, until the dangerousness ceases.Looking forward to answer the research question, this monograph work had the objective to analyze the doctrine, jurisprudence of the Tribunals and, mainly, the constitutional and legal devices referring to the thematic of the constitutionality of the application of the security measure by indefinite duration. The method of approach was the deductive and the techniques of research the bibliographical and documentary ones, where the literature concerning the subject was considered using various doctrines, current legislation, a practical case, as well as the jurisprudence of the Federal Supreme Court and the Superior Court through various practical cases brought to trial in these courts. It is understood that the defined objective had been reached, as a result, one can point to the situation of neglect in the search for a real solution to the problem by the State, which devoted itself to solve a legal-procedural situation, ignoring the factual situation. It is concluded that in order to solve this problem, the State must ensure the correct application of the institute of the security measure or civil interdiction, using trained professionals and adequate medical equipment.