Reflexões jurídicas acerca da aplicação da medida de segurança por tempo indeterminado à luz dos princípios da igualdade e da dignidade da pessoa humana.

Abstract

The Brazilian Penal Code establishes exemption from punishment to the person, with a mental illness, practicing criminal conduct, without being aware of the illicit nature of the fact, or the ability to determine in accordance with this understanding. The unaccountability of the agent is exclusionary because of the guilt and the security measure is the sort of criminal penalty imposed on the mentally ill in the forms of inpatient or outpatient treatment, based on the judgment of dangerousness. The law provides that the duration of action will occur indefinitely, and there is a maximum time limit for them, unlike what happens with feathers, which results not infrequently in the perpetual residence of the mad criminal offender category, although the perpetuity of the prosecution strictly prohibited in Brazilian law. Before the study of the actual conditions under which the security measures, the objective is to confirm the incompatibility of safety measure, as currently applies in Brazil, ie, with indefinite delay of compliance with existing constitutional principles are applied in national legal system, in particular the principles of equality and human dignity. This work makes use of the deductive method of approach, and as a method of procedure we use the historical- evolutionary analysis of the institute, drawing on the literature, supported the doctrine, legislation and case law relevant to the matter. From this perspective, attempts to demonstrate effective means of enabling the offender, suffering from a mental abnormality, the possibility of rejoining society through adequate substantiation to own a democratic state hermeneutic employment.