Supreme Court of Justice
Keywords:
individualization, res judicata, criminal enforcement, recidivism, legal regimeAbstract
The article analyzes the Interlocutory Appeal in Habeas Corpus 451.341/ES, judged by the STJ under the reporting of Minister Sebastião Reis Júnior, whose central theme is the possibility of recognizing recidivism in the criminal enforcement phase, even if it was not considered in the unappealable sentence, without causing reformatio in pejus or violating res judicata. The process of individualization of the sentence, the formation of res judicata in the conviction, and the enforcement regime are explored. It is argued that the application of recidivism in enforcement represents a new phase of individualization, not a reopening of the merits or reformatio in pejus, and is in line with the current legal system. It concludes that the decision exemplifies the compatibility between the stages of punishment and enforcement, respecting the constitutional principles of individualization and legal certainty.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Copyright of published articles belongs to the author, but with journal rights over the first publication and respecting the one-year exclusivity period. Authors may only use the same results in other publications by clearly indicating this journal as the medium of the original publication. If there is no such indication, it will be considered a situation of self-plagiarism.
Therefore, the reproduction, total or partial, of the articles published here is subject to the express mention of the origin of its publication in this journal, citing the volume and number of this publication. For legal purposes, the source of the original publication must be consigned, in addition to the DOI link for cross-reference (if any).
