Uma análise jurídica das medidas de segurança e sua aplicação no direito penal brasileiro.

Abstract

This monograph proposed to carry out a legal analysis of the security measures and their application in the Brazilian criminal law, addressed to the whole evolution of the historical aspects of the sentence, and it is pointed out the appearance of the first forensic psychiatric hospitals. Furthermore spoke up about the criminal responsibility distinguishing incompetent and exceptionally semi-attributable, to which the Brazilian State, imposes a penalty on safety measure mode. In this respect the research detailed the study of judicial security measure will procedures, namely: execution, suspension, revocation, termination and and the temporary security measure. The primary objective of the study looked at the effectiveness of the implementation of this institute in the Brazilian legal system, is also expounded the issue related to the overcrowding of Custody Hospitals and Psychiatric Treatment, the time of the investigation and respect for the rights of hospitalized . The method used in the study is called deductive Hypothetical, as a research technique used to Bibliographic Search, very common technique in this topic since been allowed to consult the Doctrine, legislation, existing theories, as well as consultation to specialized journals in the subject. Finally demonstrated the ineffectiveness of the security measure of application in the current Brazilian criminal law, and in view of the lack of public policies and investments in the sector for better psychiatric treatment for the mentally ill.