Da viabilidade da aplicação da prescrição virtual no processo penal brasileiro.

Abstract

This monograph examines the feasibility of applying retroactive prescription virtual institute which is a form of retroactive prescription that occurs in advance, taking into account a notional sentence that the defendant would receive if convicted. This topic is of great discussion and doctrinal differences among the courts as to its use, to its proponents, involves respecting the various constitutional principles, including the speed of the procedure. As for those who oppose its applicability, this institute would violate some constitutional principles such as legality. The subject is closely related to claim punitive state, which is the power / duty that the State has to apply criminal sanctions those who violate the law, and their loss that occurs with the causes of criminality extintivas. Being one of the most controversial prescription and commented, extintivas causes of criminality, to occur due to the inertia of the judiciary in judging course that leaves large time gap. Generates further divergence virtual prescription for not having legal provision and relying on a supposed penalty that the accused would receive. The methodology is used, the hypothetical-deductive method, the comparative literature and to research and study these issues. The results demonstrate that the research shows that the use of virtual prescription must be complied with to improve the functionality of the judiciary and respect the principles of the law, among them the dignity of the human person and the speed of the procedure.