Retroactive Prescription from the Time the Complaint Was Filed

Abstract

This article seeks to explore the criminal statute of limitations , analyzing its foundations, implications and perspectives for approaches. The criminal statute of limitations constitutes one of the mechanisms for extinguishing punishment that safeguards the right to legal certainty and reasonable duration of the proceedings , as stipulated by the Brazilian Federal Constitution . In this context, the definition of the initial moment for counting the retroactive statute of limitations emerges as an issue of significant legal and practical relevance . Traditionally, the milestone for the beginning of this period is the receipt of the complaint by the judge , an interpretation that reflects the need for a judicial analysis to validate the grounds for the accusation . However, a minority doctrinal current proposes a review of this understanding , arguing that retroactive prescription should begin from the filing of the complaint by the Public Prosecutor's Office , arguing that this act already demonstrates a preliminary examination of the admissibility of the accusation and should be sufficient to start counting the prescriptive period.