A limitação temporal da medida de segurança frente ao ordenamento jurídico pátrio.

Abstract

This Labor Completion of course is mainly aimed to analyze the figure of the criminal sanction as applied to security taken as incompetent and semi-attributable to exceptional, from the point of maximum period of restriction of freedom of the individual way of considering especially all the existing divergence between the provisions of the legislation and jurisprudence homeland, as well as all doctrinal discursão surrounding the theme. It is known that in a democratic state, criminal sanctions must respect a number of principles so that the individual subjected to any repressive measure to fulfill it without having their physical and moral integrity embarrassed. Similarly, not least, the criminal sanction, and in particular safety measure, in view of its curative, aims to treat the individual preciput cometedor of a criminal offense and your license to social life. Thus, before this conflict of rights, namely, the embarrassment of freedom of the individual subject as security for an indefinite period and the duty to cure tax as security, imposes a solution to that nonsense, the biggest reason this research. For this, we use the technique of literature, making use of the methods of hypothetical-deductive approach and the historical and legal-exegetical method of procedure, upon analysis of indirect documentation, laws, doctrines, jurisprudence and relevant articles about the theme. Therefore, the solution proposed in this work would be defined by the Supreme Court in recent decisions, which, considering the whole constitutional order, one should restrict the applicability of the penalty delimited by the deprivation of liberty period, whether as a guarantee of principles of equality and human dignity, either by way of an express prohibition in the Constitution, the penalties of perpetual and cruel character.