Punishment and judicial policy: Limitations for advance punishment and for the management of justice

Abstract

This article is the result of a brief analysis about the prescription anticipated punitive intention and forward administering justice the application of Precedent n. 438 / STJ and the current judicial policy. Early prescription is creation of doctrine and jurisprudence Brazilian and aims to achieve the statute of limitations with fulcrum in a hypothetical penalty that may be applied according to the circumstances of the particular case. Although the Supreme Court by Precedent nº 438, stopping the application of their prescription, since not defined by law, early prescription has been discussed among scholars of criminal law and criminal procedure, aimed at criminal proceedings to be completed in a reasonable time. So this article aims at a brief presentation on the theory of punitive intention, explaining the current paradigm in the Supreme Court, based on precedents that gave rise to the issue of Precedent nº 438 / STJ and finally addressing the judicial policy issues that relate to the that summary prospecting better management of justice and criminal cases in the application of casually called ‘early prescription’.