Revogação da equiparação do tráfico de drogas aos crimes hediondos, pelo “Pacote Anticrime”, para os efeitos de progressão de regime
The Law nº 13.964/19, so-called “Anti-Crime Package”, promoted several changes in criminal legislation and criminal procedure, which, at least under the argumentative pallium of its epigraph, occurred in the sense of improving this normative framework. The truth, however, is that it was, for the mos...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Defensoria Pública da União (DPU) |
| Repositorio: | Revista da Defensoria Pública da União (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.172.28.97.76:article/630 |
| Acceso en línea: | https://revistadadpu.dpu.def.br/article/view/630 |
| Access Level: | acceso abierto |
| Palabra clave: | Tráfico de drogas Crime hediondo Execução penal Progressão de regime Pacote Anticrime |
| Sumario: | The Law nº 13.964/19, so-called “Anti-Crime Package”, promoted several changes in criminal legislation and criminal procedure, which, at least under the argumentative pallium of its epigraph, occurred in the sense of improving this normative framework. The truth, however, is that it was, for the most part, another set of rules for the intensification of sentences and an increase in the difficulty of their compliance and the recovery of freedom by the condemned, drawing attention, mainly, to the amendment of art. 112 of the Penal Executions Law, which now has much higher percentages for regime progression than in its previous wording. However, at least one point, intentionally or not, clashed with this squad of resurgence of punitivism, already quite exacerbated, in our criminal legal system: the repeal of the legal provision that equated the crime of drug trafficking with heinous crimes, the article 2, §2, of the Law 8.072/90, and the consequent modification of the rules of regime progression of such a criminal type. This article seeks to demonstrate the reasons why the “Anti-Crime Package” should be understood as being revoked the equation of trafficking with heinous crimes, and how this true novatio legis in mellius can retroact and serve as an important practical and normative instrument to reduce the chronic problem of overcrowding of the already widely recognized unconstitutional state of affairs of our prison system. |
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