O marco inicial da prescrição da pretensão executória, à luz do Artigo 112, I do CPP e da Constituição Federal

Abstract

The present work aims to define the starting point of prescription of the pretension enforceable, taking into account the provisions of article 112, I of the Penal Code, as well as as the constitutional principles posited in the Federal Constitution of 1988. define the starting point of the aforementioned institute, it was necessary to go through the concepts of res judicata, imported from the civil procedure, as well as analyzing the types of interpretations used to extract the full meaning of the norm, that is: interpretation literal or abstract. After that, we sought to analyze the judgments of the Supreme Court Federal and Superior Court of Justice to arrive at a concrete starting point for the starting point of the prescription of the enforceable claim. For that study, there were already existing data were used, the foundation in doctrinal content, as well as used the inductive method