Do prazo máximo de duração das medidas de segurança e da inaplicabilidade da Súmula Número 527 do Superior Tribunal de Justiça

Abstract

The present article proposes an analysis of the duration of the criminal treatment provided to the mentally insane in Brazil, addressing the recent position established by the Superior Court of Justice, seeking to conclude whether or not it constitutes the best alternative from the theoretical point of view of Criminal Law. The approach begins with a brief exposition about the criminal treatment provided to the mentally insane in Brazil. In a second moment, brings the problem of the duration of the security measures, exposing the positions of the Superior Court of Justice and the Federal Supreme Court about the matter. After, the reasons for the inapplicability of the position established by the Superior Court of Justice in its precedent number 527, concluding with some alternatives for the maximum duration of the security measure.