Controversial Aspects of the Institute of Conditional Suspension of Criminal Proceedings (Article 89 of Law No. 9,099/95)

Abstract

This article aims to demonstrate the current relevance of the conditional suspension of criminal proceedings within the Brazilian legal system, as well as to examine doctrinal and case law concerns regarding its most controversial aspects. It addresses the role of custodial sentences and their actual utility and necessity in the current context, highlighting the significant function of conditional suspension of proceedings as a mechanism for delivering justice without deprivation of liberty, while preserving its fundamental resocializing and pacifying character, thereby reconciling efficiency with humanity. The study also discusses the requirements for its applicability, its legal nature, and the conditions for its implementation. Finally, it examines the possibility of applying conditional suspension of proceedings in cases governed by the Maria da Penha Law (Law No. 11,340/2006), within the jurisdiction of Domestic and Family Violence Courts against Women.