The (in)constitutional alternative penalty on valuable loss

Abstract

The object of the present work is about the polemic penalty on the loss of valuables, inseerted by the law 9.714/98 in the penal code, art. 43, II the came to regulate art. 5º XLVI, "b" of the Federal Constitution. It is polemic bacause, according to some teachers, it is the hateful confiscation penalty that should be extinct from all legislations in the righful democratic countries, wereas, to others - and it is in this line that the group is a member - such a penalty is perfectly legal and applicable. Thus, in this rearch we tried "a point" to show the bankruptcy of the prision penalty, as well as the bad sides that it brings to the indicted, proposing were possible its substituition. after briefly dealing with alterntive penalties in general, we talk about the alternative panalty on avaluable loss, showing the difference with the confiscation loss, defending its constitutionaly, as well as bring other interesting matter - and trerefore pertinent - to the scientific community. However, as we can see in this work, although this penality is present in our legislations for its improved applicability, since it is a great instrument that, once adequate to the social reality, it can help the magistrate in the fight for a more dignified and just society.