A estigmatização dos antecedentes criminais aliada à perpetuação das condenações sofridas pelo ex-apenado

• Autor(a) principal: Santos, Frederico Schmitz dos
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15481
• topic: Estigmatização e antecedentes criminais; perpetuação das condenações; sistema trifásico

The purpose of this Course Conclusion Work was to analyze whether it is possible to stigmatize the criminal record, together with the perpetuation of the convictions suffered by the ex-convict, serve to aggravate a conviction, in a new criminal process and continue to foster the system of application of the penalty and influence the judge's decision. To achieve this goal, exploratory research was developed, with a qualitative approach. With regard to objectives, this research is classified as bibliographic and documentary, based on doctrines, articles, jurisprudence and current legislation. The circumstances of the application of the sentence, in the current Brazilian legal system, were demonstrated by the three-phase system that leads the judge to establish the sentence as well as its consequence in the life of an ex-convict, whose history was considered to increase his sentence. As a result, there was a difficulty for the current system to accept that the existence of this stigma against the ex-convict provides that his offense, in the past, can come ad eternum to “haunt” his life, confronting doctrines, jurisprudence and fostering free arbitration of the judiciary. In the end, it was understood that the law must be enforced, so that the State's response, in the face of criminal conduct, is carried out, and that it also prevents a monocratic decision or not, from causing an increase in the penalty to this combined, based on past facts, since the possibility of considering such facts ends up against its function of resocializing and applying the law.