A (in)compatibilidade entre o caráter preventivo-curativo da medida de segurança e a súmula 527 do Superior tribunal de justiça: uma análise pelo princípio da proporcionalidade

Abstract

It seeks to analyze the security measure as a criminal sanction applied to the inimputable, evidencing it as the power to punish (jus puniendi) of the State and which imposes the duty to provide adequate medical treatment to the individual, aiming to guarantee the security of the subject and also of society. It intends to highlight, among particularities of the security measure, dangerousness as the only legal criterion to establish the duration of this criminal sanction, relating this indeterminacy in the legislation, regarding the (in)existence of an objective final term of the term duration of the security measure, and the constitutional prohibition of criminal sanctions perpetual. In this context, Precedent nº 527 of the Superior Court of Justice as a solution to the legal omission of the maximum duration limit of the measure of security and seeks to verify that the summary understanding meets the requirements of the criminal legislation, being adequate to provide the cessation of dangerousness criminal responsibility of the unimputable, ensuring the preventive-curative nature of the measure of safety. The method used to verify the hypothesis is the research of the precedents that originated the precedent, in addition to legal and doctrinal support, giving emphasis on an analysis under the principle of proportionality. Finally, it seeks to parameters that help to determine a maximum period of duration of the measure security that is not ad infinitum, in the same way that it allows the treatment of the individual and the cessation of his criminal dangerousness, protecting him from society and himself in that period