The (In)constitutionality of the provisional execution of the sentence in the decisions rendered in the scope of the jury
The present paper seeks to analyze the constitutionality of the institute of the provisional execution of the sentence in the decisions rendered in the scope of the Court of Law based on the innovation brought by the Code of Criminal Procedure, by the Law 13.964/19, regarding the execution of the se...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Institución: | Fórum Brasileiro de Segurança Pública (FBSP) |
| Repositorio: | Revista Brasileira de Segurança Pública (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.revista.forumseguranca.org.br:article/1455 |
| Acceso en línea: | https://revista.forumseguranca.org.br/rbsp/article/view/1455 |
| Access Level: | acceso abierto |
| Palabra clave: | Court of Law Penal Response Provisional Execution of the Sentence Execução Provisória da Pena Resposta Penal Tribunal do Júri |
| Sumario: | The present paper seeks to analyze the constitutionality of the institute of the provisional execution of the sentence in the decisions rendered in the scope of the Court of Law based on the innovation brought by the Code of Criminal Procedure, by the Law 13.964/19, regarding the execution of the sentence in crimes with penalty equal or greater than 15 (fifteen) years of incarceration. Its problem rests, among other aspects, on the implementation of the provisional execution of the sentence as a punitivist institute, which directly affects the increase of the prison population, that is already decadent. Thereunto, the hypothetical-deductive method was used through research in doctrine, legislation and other bibliographic sources. Finally, it was concluded that the provisional execution of the sentence does not comply with the guidelines in the 1988 Constitution. In addition, data from the National Penitentiary Department show a significant increase in the prison population related to qualified homicides in 2020; a fact that demonstrates the punitive nature of provisional execution |
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