A inexistência de um prazo máximo para a aplicabilidade da medida de segurança: a ausência de fatos indicativos de persistência da periculosidade como requisito para a cessação da medida de segurança

Abstract

With the analysis of the Federal Constitution of 1988, as well as the Penal Code Brasileiro and the psychiatric reform law, it was possible to research and, in this way, investigate the constitutionality of article 97, paragraph 1, of the Penal Code and the law in question (law 10,216/2001). After the study, it is possible to certify the absence of unconstitutionality in the provisions of the Penal Code that deal with the measure of security and psychiatric reform law. Furthermore, considering that this work is not directed only to legal scholars, they were clarified some terms, such as the concept of dangerousness, and also some requirements of the mentally ill that frame him in receiving the security measure as penal sanction and not in the receipt of the penalty, which are necessary for a satisfactory understanding of the subject. In addition, a brief analysis of the law German and Portuguese criminal law, in order to make a comparison regarding the security measure in the referred countries, since it has a right copy criminal.