A PRESCRIÇÃO DA PRETENSÃO PUNITIVA RETROATIVA: DEVIDO PROCESSO LEGAL E EFEITO SECUNDÁRIO TEMPORAL DA SENTENÇA PENAL CONDENATÓRIA

Abstract

the research deals with prescription of retroactive punitive claims, time limit to the procedure, counted from the conviction decision transited judgment until the moment of receipt of the state complaint or private complaint. As a way of delivering a due, fair and individualized procedure, the prescription of the retroactive punitive claim`s adequacy to the time of the sentenced duty decision is a method of individualizing the duty to the prescription period of state action. Tool of ruling the jus puniendi, such period may give rise to the action of the defiant to seek, indirectly, the annulment of the procedure for acts that defy procedural good faith and would seek the extinction of the procedure for the conduct aimed at reaching such a fatal period, postponing procedural acts, even under punishment for bad faith. The kind of prescription, object of the research, will be evaluated as a tool to control procedural acts that are not truly subject to preclusion, the so-called improper deadlines, and also as a tool to control the overall period of the procedure. In this research, the intimate connection between due process and human dignity itself, on the one hand, will be confronted with the limits of action of the defiant, in a context that would necessarily be inserted in the content of criminal procedural default of appearance, in the respective consequences of this content, and, yet, on how some procedural acts and actors could receive endoprocedural punishments. The research therefore seeks to know how the prescription of retroactive punitive claims can become a later and global control over procedural acts already practiced, able to review even acts even with inappropriate deadlines.