Penal reform

10 years

Authors

  • Luiz Vicente Cernicchiaro Universidade de Brasília, UnB, Brasil image/svg+xml

Keywords:

Penal reform, General Part of the Criminal Code, Penal Execution Law, Alternative penalties, Individualization of punishment

Abstract

The text examines the Brazilian penal reform ten years after the enactment of Law 7,209/84, which reformed the General Part of the Criminal Code, and Law 7,210/84, which established the Penal Execution Law. It analyzes the background of the reform, driven by the failure of the penitentiary system and the conclusions of the 1976 Parliamentary Inquiry Committee. It argues that the reform's greatest contribution was the replacement of custodial sentences and the expansion of the judge's discretionary power, in accordance with the principle of individualization. It criticizes social resistance to the crime/prison binomial and the lack of structure for monitoring alternative penalties. It concludes that the Criminal Code does not aim to eliminate crime, but to give it due legal treatment, and that the law, as a program, is indispensable.

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Author Biography

Luiz Vicente Cernicchiaro, Universidade de Brasília, UnB, Brasil

Professor da Universidade de Brasília e Ministro do Superior Tribunal de Justiça.

References

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Published

1995-12-01

How to Cite

CERNICCHIARO, Luiz Vicente. Penal reform: 10 years. Brazilian Journal of Criminal Science, São Paulo, v. 12, n. 12, p. 130–137, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3430. Acesso em: 20 oct. 2026.
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