Insanidade e Direito Penal: a duração máxima das medidas de segurança

Abstract

Considering the existence of people who practice criminal acts without having the mental capacity to understand and want eventual punishment suffered, Brazilian Criminal Law relies on the security measure as a way of sanctioning such individuals. However, contrary to what happens with penalties, the Brazilian Penal Code does not specify what should be the maximum duration of compliance with the security measure. The purpose of this article is to describe the answers given to this question, using the existing doctrinal understandings on the subject. In this way, it is observed that there is still no definitive answer to the aforementioned questioning, which leads to the conclusion that the subject is urgent and of paramount importance.

Keywords

• Security measures
• criminal liability
• criminal pena