Bill extinguishes limitation of prosecution in crimes provided for in Penal Code

26/02/2009 05h40

The Bill 4580/09, proposed by the Deputy Dr. Talmir (PV-SP), extinguishes the limitation of prosecution for all crimes provided for in the Penal Code (Decree-Law 2.848/40). The limitation of prosecution is the loss of the punitive power of the State, resulting from the fact that it hasn´t been exerted during a pre-determined time.

At the Brazilian legal ordainment, observes the deputy, the limitation of prosecution is the rule. He adds that, as a result, in real life that rule means impunity.

Impunity
"We are proposing the extinction of the limitation of prosecution, which puts time in favor of the criminal, exactly to avoid impunity”, argues Dr. Talmir.

The deputy reminds that the Constitution excluded from that limitation only racism and the action of armed groups, be they civil or military, against the constitutional order of the Democratic State, but never forbid the adoption of the extinction of the limitation of prosecution for other crimes.

Procedure
The bill will be examined by the Committee on the Constitution and Justice and Citizenship and by the House Floor.

Report - Luiz Claudio Pinheiro
Editing - Newton Araújo
Translation – Positive Idiomas Ltda