The penalty of fine and the progression of regime, from criminal action 470/DF

Abstract

This study proposes to analyze whether the noncompliance with the penalty of fine, from the criminal executions resulting from Criminal Action 470/DF, can be considered an impediment to the progression of the regime. It should be clarified that the aforementioned penalty was widely revisited by the Supreme Court at the time of the beginning of the execution of the convictions of the aforementioned criminal process, notably due to the imposition of high penalties of fines on those convicted and serious consequences for default, especially the understanding that deliberate non-compliance with the payment of the fine constitutes an obstacle to the progression of the regime. It should be noted that this understanding has been widely adopted by the jurisprudence of the Superior Court of Justice, including the third section will discuss this issue when analyzing theme 1152.  It is also noteworthy that the present investigation used the hypothetical-deductive method, in addition to having adopted as a technique the bibliographic research, the consultation of the relevant legislation, the review of the jurisprudence of the Superior Courts and the exploration of the contents of electronic sites, to give rise to a new approach.