A pena de esquecimento: reflexões sobre a indeterminação de prazo máximo para aplicação das medidas de segurança de acordo com o Artigo 97, §1º do Código Penal

Abstract

This research performs an explanatory and critical study about the security measures in Brazil, bringing its legislative history since the Criminal Code of 1940, including its foundations and purposes according to the best national doctrine, culminating in recent decisions of the Superior Courts regarding the time limit for their execution. The objective of this research is to contrast the application of the measures with the constitutional text and to exemplify through two innovative projects that are active in Brazil, the PAI-PJ and PAILI, the possibility of reforming the institute of security measures, adapting it to the constitutional text and its own purposes, which are the social defense and treatment of the mentally ill. In addition, the work has the intention to foment the critical and constructive debate about the best application of the security measures, along with the new treatment guideline that must be offered to the carriers of mental disorder in Brazil, through the Law 10.216/01 that instituted the Insane Asylum Reform, directing the treatment to the semi-imputable and non-imputable criminals, in a way that helps the interpretation of the Criminal Legislation in the execution of the purposes of the security measure which are the treatment and prevention of crimes. This research was conducted using