CONCESSÃO DA SUSPENSÃO CONDICIONAL DA PENA PARA ESTRANGEIRO DE PASSAGEM PELO PAÍS

Abstract

The objective of this work was to investigate whether conditional suspension of the sentence, institute of criminal policy, can be granted to foreigners passing through Brazil, based on research and bibliographic and documentary analysis. The first chapter takes a certain historical approach concerning the reception and treatment of foreigners, mainly in Greek and Roman societies. Subsequently, we began to analyze its legal status, at national and international levels, as well as examples relating to the hypotheses of compulsory withdrawal. Furthermore, it examined the legal nature of the institute in question, in order to relate it to the judgment of ADPF 347 and, also, to the information provided by the CPI of the Prison System, dated 2009. Finally, we sought, through observation of the elementary principles of the current brazilian constitutional situation and decisions handed down by the Federal Supreme Court and the Superior Court of Justice, to reach a given solution to the question presented.