O cabimento da suspensão condicional do processo na ação penal de iniciativa privada

Abstract

This paper addresses the conditional suspension of the proceedings in the criminal prosecution of private initiative. The probation process is disciplined in the art. 89 of Law no. 9.099/95, which is a benefit given to the defendant so that instead of responding to a painful and exhausting process to be granted a measure despenalizadora, because, in our legal system the legislature "protected" certain crimes that do not generate such social repercussions , which are of lesser crimes and medium offensive potential. Crimes classified as medium offensive potential, are those whose minimum sentence not exceeding one year, following the example of embezzlement, theft and simple larceny. A discussion of how the application is working in a private prosecution because the doctrine and jurisprudence are not unanimous as to its application, since following the literal text of the law, there is no benefit in applying the actions of private enterprise, since that art. 89, mentions only that the suspension process will be proposed by the prosecutor, by offering the complaint. However, the literal interpretation is not the only form of interpretation, there are others, like the teleological interpretation, which seeks the purpose that the law seeks to achieve, which in this case is the application of a benefit to all members of the process and still society in general, since it would enable the accused to his resocialization cloistered away from the chain and close to family, a fact that leads him to review his conduct, and no longer practice it. Regarding the positioning of the Superior Courts, note that these are not in consensus with regard to its applicability, because the STJ is favorable to their application of another band, it is observed that the STF has a contrary position to benefit from this application private criminal actions. Thus, analyzing other forms of Interpretation of Art. 89 of Law of the Special Criminal Court, as well as other arguments raised by the doctrine and jurisprudence, it is possible to defend the appropriateness of conditional suspension of criminal proceedings in the actions of private enterprise.