Medida de segurança: uma análise técnica da aplicação do instituto frente à ordem jurídica brasileira

Abstract

This study will analyze the institute of security measures and the sentential command that establishes its application. In order to do so, it intends to give an overview of the main laws that deal with the subject, allied to the interpretation of authors who diverge about the application of the institute, as well as the flaws in its arguments. By means of the Hegelian dialectic method this research will be developed in order to verify the concepts inherent to the security measures and the possible legal consequences of this institute. Such premises will be necessary to carry out an interpretation that profiles the application of the security measure to the Brazilian legal order. To do so, it will be necessary to resort to the analytical concept of crime, with the analysis of the bipartite and tripartite theory currents, as well as their implications, besides discussing the sanctioning and / or therapeutic character of the security measure, to solve the present absolutionary sentential command that applies the security measure.