Indeferimento do pedido de reconversão das penas restritivas de direitos em pena privativa de liberdade: análise crítica da decisão do Superior Tribunal de Justiça

• Autor(a) principal: Oliveira, Joel Lacerda
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/44520
• topic: Penas restritivas de direito; Penas privativas de liberdade; Regime aberto; Prisão domiciliar

The absence of open prisons in sufficient number to assert the enforcement of punishment in open conditions and the permission given by the Superior Court of Justice so that the sentenced to this regime could fulfill it under house arrest created a series of problems for which the Law does not provide a solution. The debate of the topic revolves around one of these problems, which is, the appearance of requests formulated by the sentenced to alternative penalties that wish to reconvert it to prison sentence, in open conditions, for this being softer than that. The Superior Court, once again, posed itself on the subject, denying the subjective right to choose the form of execution of the sentence imposed. The problem lies in the fact that this decision dismissed the request stating that only the reconversion based on non-compliance with the alternative penalty would be possible, that is, only the formal reconversion would be possible. Such decision eventually offered the solution to these sentenced: it suffices be non-compliant to the alternative penalty imposed that it will be reconverted into prison sentence in open conditions. Thus, in order for the Superior Court's decision to be effective, other grounds should be taken into account, such as the purpose of the sentence, the principle of individualization of punishment, and how the house arrest under open conditions works, in practice. For the development of this monograph, a large bibliography was used, encompassing scientific articles, works by several authors, theses, legislation and jurisprudence of various courts.