Portal de Periódicos da CAPES

A ESTABILIZAÇÃO DA TUTELA ANTECIPADA REQUERIDA EM CARÁTER ANTECEDENTE NO NOVO CÓDIGO DE PROCESSO CIVIL: CONCEITUAÇÃO, NATUREZA JURÍDICA E EFEITOS

2017; Volume: 16; Issue: 29 Linguagem: Inglês

10.5935/1809-8487.20170014

2358-453X

Johnata dos Santos,

Legal principles and applications

This study's purpose is the study of deprivation of liberty as a penalty imposed on the offender's criminal law, through its historical evolution and culminating today, in a traditional model bankrupt and disparate constitutional guarantees that ensure the minimum dignity to any human being.Through knowledge of collimated goals with the withdrawal of one of the most important goods to each of the individuals, namely, your freedom, it can be concluded that such a penalty, in our times, at least in the face of our prison system, is to criminal cost that far exceeds that which would be expected from its condemnation.So, first, we seek to meet the objectives of deprivation of liberty and its application in our parental context, exposing the ills of a flawed and archaic prison system, for, at a later time, submit the Apac method as an alternative which appears feasible to minimize the deleterious effects of prison in the life of the convict, all in order to show that it is possible, with respect to their individual guarantees, both the expected return and prevention of criminal penalty, as the effective re-socialization of graduates upon his return to social life .