QUEIROGA, C. E. R.; http://lattes.cnpq.br/7174686465850690; QUEIROGA, Carlos Evandro Rabelo de.
Resumo:
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.