The judicialization of the criminal execution process

adversarial proceedings and full defense

Authors

  • Dyrceu Aguiar Dias Cintra Jr. Associação Juízes para a Democracia, AJD, Brasil

Keywords:

Criminal execution, Judicialization, Adversarial proceedings, Full defense, Human dignity

Abstract

The text examines the judicialization of the criminal execution process in Brazilian law, contrasting the administrative and judicialist currents. It analyzes the legal bases, notably Law 7.210/84, and the constitutional bases, such as legality, individualization of punishment, and human dignity, which impose judicial intervention in execution. It verifies, however, that, in practice, adversarial proceedings and full defense are merely formal, with administrative arbitrariness, lack of technical defense, and unlawful punishments prevailing. It concludes that effective judicialization requires a change of mentality and a guarantor role from the Judiciary, ensuring the legality of incarceration and the dignity of prisoners.

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Author Biography

Dyrceu Aguiar Dias Cintra Jr., Associação Juízes para a Democracia, AJD, Brasil

Juiz Criminal em São Paulo. Membro do IBCCrim e da Associação Juízes para a Democracia.

References

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Published

1995-01-01

How to Cite

CINTRA JR., Dyrceu Aguiar Dias. The judicialization of the criminal execution process: adversarial proceedings and full defense. Brazilian Journal of Criminal Science, São Paulo, v. 9, n. 9, p. 115–132, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3377. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
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