O prazo de duração das medidas de segurança impostas aos inimputáveis: uma análise sob o prisma dos critérios de justiça, validade e eficácia de Norberto Bobbio

Abstract

The present work deals with the safety measures applied to the mentally ill people, being considered unimpeachable, according to art. 26 of the Penal Code. However, Brazilian legislation does not establish any type of maximum term for compliance with them, and there is no legal provision for progression of treatment regime. In view of this, we will analyze the issue of the temporal question of security measures, bringing the understanding of the Federal Supreme Court and the Superior Court of Justice regarding the maximum term of hospitalization. The absence of the fixing of the term of the security measures into law, as well as the legal non-existence of their progressive disengagement, causes several principles to be violated. Based on the valuation criteria brought by Norberto Bobbio, it is assessed whether the security measures are fair, valid and effective, with an emphasis on effectiveness, so that the security measures comply with the legally established objectives, besides guaranteeing the dignity and respect of those with mental illness. The research method to be adopted will be the bibliographic research.