Early Criminal Limitation

Abstract

The search is scoped to the discussion on the possibility of identifying in advance the occurrence of prescribing a criminal offense. In the foreground, the institute criminal will study whether limitation - rescuing its emergence, its current conceptualization, legal, grounds and several species of the institute, all in order to introduce the reader in the work context . Then the explanation revolves around the anticipated criminal limitation and finding the absence of regulation that expressly authorizes your application. Another band, we try to analyze the institute against the basic principles of procedural law, such as the economy, expediency and interest to act in order to verify the possibility of their application in accordance with the principles that govern our land. And it is possible that environment , the Magistrate , analyzing the legal conditions of the accused , making sure to treat primary defendant , possessed of a good record , and that the facts alleged in this type of criminal point free qualifier or circumstances that could aggravate the reprimand , may adopt the minimum sentence under the criminal type as the maximum in the abstract, for the particular case , allowing the recognition of prior prescription , which would avoid unnecessary embarrassment to the defendant , contributing to the speed of feats that truly deserve the attention of the Judiciary . The research , because of doctrinal differences and court seeks further analyze the usefulness factor when employing the entire judicial system until they have a permanent appointment , where , and only then , if you can recognize the prescription has already occurred , which doctrinally is called retroactive .