A viabilidade jurídica da prescrição virtual ou em perspectiva

Abstract

This study intends to demonstrate the viability of legal prescription in perspective from an analysis of existing legal vernacular. Known, too, by prescription in hypothetical, early or pre-calculated, and the Institute of recent origin and genuinely Brazilian, who has provoked constant discussion about their admissibility, both between renowned as indoctrinated in the jurisprudence of our courts, as the cuts higher (Federal Supreme Court and Superior Court of Justice) vehemently deny its existence, especially the argument of lack of foresight it cool hostel. However, through a simple interpretation of current law you can glimpse it, as well anchored in the criminal provisions, as well as principles of our informants repressive system. The prescription virtual defended this study is a result of the intermingling of two major institutes, which are expressly sedimentados in criminal law, namely the prescription and interest retroactive to act, through the intelligence of these subjects allows the applicator to the right shows the futility of inquiries and complaints filed since from its origins are in need of potential punitive; that statement stems from the fact that the cut in the decree damning conveyed the penalty can never be enforced, since long fulminated to claim punitive state. The study carried out enabled draw some conclusions, among which, to that through a more thorough analysis of its theoretical basis and practical proof, one can say that the prescription has supedâneo virtual legal, resulting in a systematic and integrative interpretation of contemporary planning, and is in perfect juxtaposition to the regents principles of criminal law, represents a guarantee, a defense of the citizen in the face of sluggish performance of the state, stimulating thus a different posture, tilted to the effectiveness of its dismissed. Moreover, several are the benefits of its host, such as speeding or fighting a lengthy process of justice, economic activity in judicial prestige of the proper use of public money; preserving the prestige and image of justice or public attention a useful process to the detriment those who will be actually affected by prescription.