A aplicabilidade das medidas de segurança no direito penal brasileiro
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Data
2011-06
Orientador(res)
Mendes, André Pacheco Teixeira
Costa, Rodrigo de Souza
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Resumo
This paper demonstrates the applicability of the term of Measure Safety Criminal Law, warning of a mismatch between what the law says criminal, the Brazilian doctrine and jurisprudence on the subject. This is because the Brazilian Penal Code in its article. 97 first paragraph provides that security measures will last indefinitely, until the award made periodically in the Hospitals of Custody and Psychiatric Treatment shows that it is ceasing danger of the patient. However from the analysis of the doctrinal texts and tried some of the higher courts can be seen that such a device has not been used literally for several reasons, chief among them, disagree with the Constitution of the Federative Republic of Brazil.