O limite temporal da medida de segurança no Estado Democrático de Direito

Abstract

The lack of objective criteria to determine the term of the security measures violates the precepts of the democratic rule of law provided for in the constitution of 1988. The parameter of dangerousness and unaccountability are subjective and end up more for stigmatize and criminalize psychological distress carrier who truly to limit the term of the security measure. In this sense develops the present work where through Deductive method makes up an overview of the criminal law on the institute seeking to adapt it to constitutional principles, pointing out some offenses to the Federal Constitution of 1988, and finally a check of positioning STF and STJ about the case. We conclude the work by analyzing an innovative position of the Court of Justice of Rio Grande do Sul, as well as some scholars in the same direction, a liability sui generis bearer of psychic suffering, innovation introduced by Law 10.216 / 02, towards making the dosimetry pen guaranteeing all guilty of guarantees to any individual with psychological distress and who has committed an offense, making the application of limited and proportionate security measure, removing subjective analyzes about the personality and moral individual.