Breves considerações acerca da inconstitucionalidade do Artigo 75 do código penal

• Autor(a) principal: FALCÃO, Marciely Aline
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Digital Unicesumar
• Texto Completo: http://rdu.unicesumar.edu.br/handle/123456789/9275
• topic: criminalidade; dignidade humana; superencarceramento; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This research aims to analyze the change resulting from the Anti-crime Package, specifically Article 75 of Law 13.964/2019, which changed the maximum limit for the execution of the custodial sentence, raising it from 30 to 40 years. Therefore, for some people, the 10-year increase in the sentence is necessary or even indifferent; however, this increase tends to be significant and to generate serious consequences in the long term, as extending the sentence will not solve the problem of crime, nor of the overbearing. In addition, the aim of this research is to identify the reasons why the increased sentence occurred, considering the purpose of the sentence, as well as the need to re-evaluate the person subject to the custodial sentence when reinserted into society, in the light of principles guiding the application of the sentence. Among these principles, the following stand out: the principle of the dignity of the human person, the principle of the humanization of punishment, of resocialization, of proportionality, of the individualization of punishment and of the prohibition of retrogression. The inductive and theoretical method will be used, using, for this purpose, researches based on the analysis of bibliographic references, scientific articles, academic journals, research on educational and informative websites. This study focuses on the analysis of the impacts that the 10-year increase in the deprivation of liberty can cause, and it can be concluded that the increase in the sentence will not be efficient to prevent existing problems, as well as to reduce crime and, consequently, resocialize the prisoner.