Medidas de segurança no ordenamento jurídico brasileiro: ofensa ao conceito tricotômico de crime

Abstract

This course conclusion work analyzes the application of security measures in the Brazilian legal system, in the light of the trichotomous concept of crime. It will be necessary to understand what Security Measures are, the application requirements, what differentiates them from the penalty, if there is a distinction, and, finally, the way in which judges (ministers and judges) determine their application. The methodology used in the present study is the review of legal-criminal and social-historical literature on security measures and jurisprudential research, which was carried out using keywords in order to envision the application of security measures in the specific case. , to verify whether they have a treatment or a penalty nature. It was found that the State officially declares that the security measure has a treatment nature. However, in an empirical and legal dimension, it is a criminal sanction that is very similar to the custodial sentence, moving away from this official discourse, which constitutes an offense to the trichotomous concept of crime, given the absence of culpability of the inimputable.