THE CRIMINAL PRESCRIPTION IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This work aims to demonstrate in detail that both the prescription of the Punitive Claim and the Prescription of the Executory Claim aim to guarantee legal security, so that a criminal proceeding is prevented from going beyond the time period, both institutes are related to the Principle of Proportionality, since the punishment must be applied within a reasonable period of time after the crime has been committed. Showing that in the Prescription of Punitive Intention occurs when the State loses the right to punish the perpetrator of a crime due to the passage of time, and the extinction of punishment is decreed; And the Prescription of Executory Intent refers to the maximum period that the State has to execute the sentence imposed on a convicted person, that is, after the final and unappealable sentence of the conviction, as will be detailed later.