Relevant reflections on a jurisdictionalized process of penal execution

Abstract

This study examines the legal nature of the activity carried out by the judge in penal execution, discussing the three doctrinal currents existing on the subject and defending the jurisdictionalist thesis. It analyzes the concepts of procedural incident, incidental question and incidental procedure, refuting the argument that jurisdiction would only exist in execution incidents, as well as Chiovenda's position on the absence of jurisdiction in penal execution. It examines the main subjects of the executive process, the main and incidental procedures of the various sentences, the limits on the judge's decision-making power, the declaration of extinction of punishability and the general precautionary power. It concludes that the jurisdictionalization of penal execution implies recognizing a process surrounded by constitutional guarantees, in which the convicted person holds rights, with the adversarial principle and the impartiality of the judicial body assured.