Prescrição virtual: aspectos positivos decorrentes da sua aplicação pelo juízo criminal de primeiro grau.

Abstract

This work objectives to appoint the positive aspects resulting from the recognition of virtual prescription institute by the first instance judges. The virtual prescription is the result of a creation of both the doctrine and the jurisprudence, mainly of first instance judges that see in this institute an important instrument to combat the judicial delays. Even though the applicability of virtual prescription is rejected by the Superior Court of Justice, which edit the number 438 Docket, consolidating its position, there is no obstacle regarding the possibility of judges decide differently, since the precedent in question does not have binding effect. Besides the fight against delays, the judges have adopted the prescription in perspective aiming to promote compliance with the postulates of procedural economy and reasonable duration of process, guarantying, still, the respect to the principle of human person dignity. The objectives of this research are to analyze the characteristics and benefits brought by the adoption of virtual prescription by the judges, for that, we used the dialectic method of approach, through a method of comparative procedure, in consultation with the doctrine, legislation, jurisprudence, scientific articles and websites. First of all, it will explore the right of punishment of the State and analyzed the causes which prevent its implementation, with emphasis on the prescription and its species. Then, it will get deeper studying about the institute of hypothetic prescription, since its origin until its practical application, where we will examine sentences from the 6th Mixed Court of Sousa/PB District Court. Finally, it will presents contrary and favorable arguments about the discussed institute, highlighting the vantages resulted from the recognition by the first instance of the Judiciary, concluding for the adoption of virtual prescription.